LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA. 


GIFT    OF 


cL>-*-3e£unLL^^  . 

Class 


RELATING  TO  THE 


COMMON  SCHOOLS 

OF  KANSAS, 

INCLUDING  OFFICIAL  OPINIONS  AND  SUG- 
GESTIONS TO  SCHOOL  OFFICERS. 


COMPILED  UNDER  DIRECTION  OF 

E.  T.  FAIRCHILD, 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


STATE  PRINTING  OFFICE, 
TOPEKA,  1911. 

5688 


DEC    6   1911 
GIFT 


MALICIOUS  DESTRUCTION  OF  PROPERTY. 


[2837.]  Any  person  who  shall  wilfully  and  maliciously 
destroy,  deface,  remove  or  injure  the  property  of  another, 
public  or  private,  shall,  on  conviction,  be  deemed  guilty  of  a 
misdemeanor,  and  punished  by  a  fine  not  less  than  $5  nor 
more  than  $500,  or  by  imprisonment  in  the  county  jail  not  to 
exceed  six  months,  or  by  both  such  fine  and  imprisonment. 
(Laws  1886,  ch.  104,  sec.  1.) 

(2) 


To  County  and  City  Superintendents  and  School  Officers: 

I  furnish  you  herewith  a  copy  of  the  school  laws  of  Kansas 
revised  to  date. 

The  official  opinions  and  suggestions,  I  trust,  will  be  help- 
ful to  you  in  the  discharge  of  your  official  duties. 

E.   T.   FAIRCHILD, 

State  Superintendent  of  Public  Instruction. 
JUNE  1,  1911. 

(3) 


224795 


TABLE  OF  CONTENTS. 


PAGE 

MALICIOUS  DESTRUCTION  OF  PROPERTY 

EDUCATIONAL  PROVISIONS  OF  THE  ORGANIC  ACT 

EDUCATIONAL  PROVISIONS  OF  THE  STATE  CONSTITUTION 

EDUCATIONAL  PROVISIONS  OF  THE  ACT  OF  ADMISSION 7 

CHAPTER  I  Bonds    9 

CHAPTER  II    Business  Colleges   

CHAPTER  III    Certificates  27 

CHAPTER  IV    Compulsory  Education    42 

CHAPTER  V    Child-labor  Law   • 48 

CHAPTER  VI    County  Superintendent  

CHAPTER  VII Consolidation   

CHAPTER  VIII County  School  Fund 

CHAPTER  IX    District  Schools    70 

CHAPTER  X    District  Officers 76 

CHAPTER  XI    Fines  and  Penalties 89 

CHAPTER  XII Fire  Protection  90 

CHAPTER  XIII High  Schools 92 

CHAPTER  XIV   Industrial  Education   108 

CHAPTER  XV Industrial  School  Pupils 110 

CHAPTER  XVI  Juvenile  Court Ill 

CHAPTER  XVII   Kindergartens   122 

CHAPTER  XVIII    . . .   Kansas  State  Traveling  Library  and  Aplington 

Art  Gallery 123 

CHAPTER  XIX  .....  Levies    . . ., 124 

CHAPTER  XX Libraries,  School  District 126 

CHAPTER  XXI Normal  Institutes 127 

CHAPTER  XXII   Normal  Training   130 

CHAPTER  XXIII    . . .   Patriotic  Instruction   133 

CHAPTER  XXIV    .    .   Public  Schools  in  Cities  of  the  First  and  Second 

Class    134 

CHAPTER  XXV    Public  Schools  in  Cities  of  the  First,   Second 

and  Third  Class 139 

CHAPTER  XXVI    . . .   Public  Schools  in  Cities  of  the  First  Class 142 

CHAPTER  XXVII  .. .   Public  Schools  in  Cities  of  the  Second  Class 152 

CHAPTER  XXVIII  . .   Public  Schools  in  Cities  of  the  Third  Class 163 

CHAPTER  XXIX    . . .   Retirement  Fund    164 

CHAPTER  XXX    State  Superintendent 167 

CHAPTER  XXXI    . . .   School  Districts 170 

CHAPTER  XXXII    . .   School-fund  Commissioners   180 

CHAPTER  XXXIII  . .   State  Annual  School  Fund 189 

CHAPTER  XXXIV  . .   School  Text-books,  Uniformity 190 

CHAPTER  XXXV  . . .   Tobacco  and  Cigarettes .' 201 

CHAPTER  XXXVI  . .  Warrants  and  Bonds  Lost  and  Destroyed 202 

CHAPTER  XXXVII . .   Warrants,  Registration  of 203 

CHAPTER  XXXVIII. .   Water-closets    206 

GENERAL  INDEX 207 

(4) 


EDUCATIONAL  PROVISIONS  OF  THE  ORGANIC  ACT. 


[69.] l  SECTION  34.  And  be  it  further  enacted,  That  when 
the  lands  in  the  said  territory  shall  be  surveyed  under  the 
direction  of  the  government  of  the  United  States,  preparatory 
to  bringing  the  same  into  market,  sections  numbered  16  and 
36  in  each  township  in  said  territory  shall  be  and  the  same 
are  hereby  reserved  for  the  purpose  of  being  applied  to  schools 
in  said  territory  and  in  the  states  and  territories  hereafter  to 
be  erected  out  of  the  same. 

Approved  -May  30,  1854. 


EDUCATIONAL  PROVISIONS  OF  THE   STATE 
CONSTITUTION. 


ARTICLE   II. 

[141.]  SECTION  23.  The  legislature,  in  providing  for  the 
formation  and  regulation  of  schools,  shall  make  no  distinc- 
tion between  the  rights  of  males  and  females. 

ARTICLE  VI. 

[177.]  SECTION  1.  The  state  superintendent  of  public  in- 
struction shall  have  the  general  supervision  of  the  common- 
school  funds  and  educational  interests  of  the  state,  and  perform 
such  other  duties  as  may  be  prescribed  by  law.  A  superin- 
tendent of  public  instruction  shall  be  elected  in  each  county, 
whose  term  of  office  shall  be  two  years,  and  whose  duty  and 
compensation  shall  be  prescribed  by  law. 

[178.]  SEC.  2.  The  legislature  shall  encourage  the  pro- 
motion of  intellectual,  moral,  scientific  and  agricultural  im- 
provement, by  establishing  a  uniform  system  of  common 
schools  and  schools  of  higher  grade,  embracing  normal,  pre- 
paratory, collegiate  and  university  departments. 

[179.]  SEC.  3.  The  proceeds  of  all  lands  that  have  been 
or  may  be  granted  by  the  United  States  to  the  state  for  the 
support  of  schools,  and  the  500,000  acres  of  land2  granted  to 
the  new  states  under  an  act  of  Congress  distributing  the  pro- 
ceeds of  public  lands  among  the  several  states  of  the  Union, 
approved  September  4,  A.  D.  1841,  and  all  estates  of  persons 

1.  See  note  at  top  of  page  9. 

2.  This  money  was  never  in  the  school  fund. 

(5) 


6  CONSTITUTIONAL  PROVISIONS. 

dying  without  heir  or  will,  and  such  per  cent  as  may  be 
granted  by  Congress  on  the  sale  of  lands  in  this  state,  shall 
be  the  common  property  of  the  state,  and  shall  be  a  perpetual 
school  fund,  which  shall  not  be  diminished,  but  the  interest 
of  which,  together  with  all  the  rents  of  the  lands,  and  such 
other  means  as  the  legislature  may  provide  by  tax  or  other- 
wise, shall  be  inviolably  appropriated  to  the  support  of  com- 
mon schools. 

[180.]  SEC.  4.  The  income  of  the  state  school  funds  shall 
be  disbursed  annually,  by  order  of  the  state  superintendent, 
to  the  several  county  treasurers,  and  thence  to  the  treasurers 
of  the  several  school  districts,  in  equitable  proportion  to  the 
number  of  children  and  youth  resident  therein,  between  the 
ages  of  five  and  twenty-one  years;  provided,  that  no  school 
district  in  which  a  common  school  has  not  been  maintained 
at  least  three  months  in  each  year  shall  be  entitled  to  receive 
any  portion  of  such  funds. 

[181.]  SEC.  5.  The  school-lands  shall  not  be  sold  unless 
such  sale  shall  be  authorized  by  a  vote  of  the  people  at  a 
general  election;  but,  subject  to  revaluation  every  five  years, 
they  may  be  leased  for  any  number  of  years  not  exceeding 
twenty-five,  at  a  rate  established  by  law. 

[182.]  SEC.  6.  All  money  which  shall  be  paid  by  persons 
as  an  equivalent  for  exemption  from  military  duty;  the  clear 
proceeds  of  estrays,  ownership  of  which  shall  vest  in  the 
taker-up,  and  the  proceeds  of  fines  for  any  breach  of  the 
penal  laws,  shall  be  exclusively  applied  in  the  several  coun- 
ties in  which  the  money  is  paid  or  fines  collected,  to  the  sup- 
port of  common  schools. 

[183.]  SEC.  7.  Provisions  shall  be  made  by  law  for  the 
establishment,  at  some  eligible  and  central  point,  of  a  State 
University,  for  the  promotion  of  literature  and  the  arts  and 
sciences,  including  a  normal  and  agricultural  department. 
All  funds  arising  from  the  sale  *of  lands  granted  by  the 
United  States  to  the  state  for  the  support  of  a  State  Univer- 
sity, and  all  other  grants,  donations,  or  bequests,  either  by  the 
state  or  by  individuals,  for  such  purpose,  shall  remain  a  per- 
petual fund,  to  be  called  the  "University  fund,"  the  interest 
of  which  shall  be  appropriated  to  the  support  of  the  State 
University. 

[184.]  SEC.  8.  No  religious  sect  or  sects  shall  ever  con- 
trol any  part  of  the  common-school  or  University  funds  of 
the  state. 

[185.]  SEC.  9.  The  state  superintendent  of  public  instruc- 
tion, secretary  of  state  and  attorney-general  shall  constitute  a 
board  of  commissioners  for  the  management  and  investment 
of  the  school  funds.  Any  two  of  said  commissioners  shall  be 
a  quorum. 

(Constitution  ratified  by  the  people  October  4,  1859.) 


CONSTITUTIONAL  PROVISIONS. 


EDUCATIONAL  PROVISIONS  OF  THE  ACT  OF 
ADMISSION. 


[264.]  SECTION  3.  ...  First:  That  sections  num- 
bered 16  and  36,  in  every  township  of  public  lands  in  said 
state,  and  where  either  of  said  sections  or  any  part  thereof 
has  been  sold  or  otherwise  been  disposed  of,  other  lands, 
equivalent  thereto  and  as  contiguous  as  may  be,  shall  be 
granted  to  said  state  for  the  use  of  schools. 

Second:  That  seventy-two  sections  of  land  shall  be  set  apart 
and  reserved  for  the  use  and  support  of  a  State  University, 
to  be  selected  by  the  governor  of  said  state,  subject  to  the 
approval  of  the  commissioner  of  the  general  land-office,  and 
to  be  appropriated  and  applied  in  such  manner  as  the  legis- 
lature of  said  state  may  prescribe  for  the  purpose  aforesaid, 
but  for  no  other  purpose. 

Approved  January  29,  1861. 


LAWS  RELATING  TO  THE  COMMON  SCHOOLS 

OF  KANSAS. 


NOTE. — The  figures  enclosed  in  brackets,  thus  [6331],  refer  to  the  para- 
graph numbers  in  the  General  Statutes  of  1909  ;  the  section  numbers,  be- 
ginning on  this  page,  are  in  consecutive  order,  as  a  simple  reference  to  the 
School  Laws  of  1911.  For  example:  If  it  is  desired  to  quote  a  section  of 
the  law,  reference  should  be  stated  thus :  "Section  — ,  School  Laws  of 
1911  ;  paragraph  — ,  General  Statutes  of  1909." 

Official  opinions  will  be  found  in  the  notes  at  the  bottom  of  the  pages. 

CHAPTER  I.— BONDS. 
ARTICLE  I. — SCHOOL-DISTRICT  BONDS. 


§13.    Final    disposition    of    paid   bonds    and 

coupons. 

14,  16.  Bonds  belonging  to  the  state  per- 
manent school  fund  may  be  paid 
or  refunded  before  maturity. 

16.  Payment    of    bonds    belonging    to    the 

state  permanent  school  fund  to  be 
made  to  the  state  treasurer. 

17.  State  treasurer  to  inform  county  and 

city  treasurer   of   bonds   belonging 
to  state  permanent  school  fund. 

18.  Remittance  of  funds  to  state  treasurer. 
Bonds   to   be   canceled   by   state  treas- 
urer. 

Penalty  for  city  and   county   treasurers 
refusing  to  act. 


19. 
20. 


§1.  Purposes  for  which  district  bonds  may 
be  issued,  and  restrictions  concern- 
ing the  same. 

2.  Bond    elections ;    notices    of,    and    how 

conducted. 

3.  Denominations,    rates    of    interest,    and 

disposal  of  bonds. 

4.  Limitations    modified. 

5.  Authority  of  school-fund  commissioners. 

6.  Application  to  vote  additional  bonds. 

7.  Hearing   of   application. 

8.  Bonds  must  be  registered. 

9.  Sinking-fund,     how    provided    and    in- 

vested. 

10.  Interest  credited  to  sinking-fund. 

11.  Sinking-fund  invested  in   bonds. 

12.  Penalty  for  issuing  bonds  without  au- 

thority, and  for  misappropriation  of 
the  proceeds. 

SECTION  1.  School-district  Bonds.  [7631.]  That  for  the 
purpose  of  erecting  or  purchasing  one  or  more  schoolhouses  in 
and  for  any  school  district  in  the  state  of  Kansas,  the  board 
of  directors  of  the  same  shall  have  power  to  issue  the  bonds 
of  the  district  in  an  amount  not  to  exceed  one  and  one-half 
per  cent  of  its  taxable  property,  as  shown  in  the  last  assess- 
ment thereof;3  provided,  that  this  limitation  shall  not  apply 
to  bonds  heretofore  legally  voted.  And  for  the  purpose  of 
extending  the  time  of  payment  of  the  bonded  indebtedness  of 
any  school  district,  the  board  of  directors  of  the  same  shall 
have  power  to  issue  the  bonds  of  the  district  in  a  sum  not  to 
exceed  in  amount  its  outstanding  bonded  indebtedness;  pro- 
vided, that  no  such  bonds  shall  be  issued  until  at  an  election4 
called  for  that  purpose  the  question  shall  have  been  submitted 

3.  Bonds  issued  to  pay  indebtedness  already  contracted  are  illegal. 
School-district  bonds  cannot  be  issued  except  for  the  purpose  of  erecting 
or  purchasing  one  or  more  schoolhouses.     An  addition  to  a  schoolhouse 
is  included  in  the  term  "erecting  or  purchasing  one  or  more  schoolhouses," 
and  bonds  may  be  voted  legally  for  this  purpose. 

4.  The  Australian  ballot  law  does  not  apply  to  school-bond  elections. 

(9) 


10  BONDS — SCHOOL  DISTRICT.  [Ch.  1 

to  the  qualified  electors  of  the  district,  and  a  majority  of  all  the 
qualified  electors  voting  on  the  proposition  shall  have  declared 
by  their  ballots  in  favor  of  issuing  of  the  same ;  and  provided 
further,  that  no  such  election  shall  be  ordered  unless  a  pe- 
tition, stating  the  purpose  for  which  the  bonds  are  to  be  issued 
and  signed  by  at  least  one-third  of  the  qualified  electors  of 
said  district,  shall  have  been  presented  to  the  district  board 
praying  that  a  vote  be  taken  for  the  issuing  of  such  amount 
of  bonds  as  may  be  asked  for  therein;  and  provided  further, 
that  it  shall  be  unlawful  for  any  school  district  to  create  any 
bonded  indebtedness  unless  there  are  at  least  fifteen  persons 
between  the  ages  of  five  and  twenty-one  years  actually  re- 
siding within  the  limits  thereof,  as  shown  by  a  sworn  census 
return,  taken  by  the  direction  of  the  board  of  directors  of 
such  school  district.5  (Laws  1909,  ch.  62,  sec.  4.) 

SEC.  2.  Election.  [7632.]  Whenever  such  a  petition,  so 
signed,  shall  be  presented  to  the  board  of  directors  of  any 
school  district,  praying  that  a  vote  be  taken  on  the  question 
of  issuing  the  bonds  of  the  said  district,  it  shall  be  the  duty 
of  the  district  board  immediately  to  order  an  election  for  the 
purpose  of  determining  the  question  of  the  issuing  of  bonds 
as  prayed  for,  and  forthwith  to  give  notice,  by  posting  writ- 
ten or  printed  notices,  signed  by  the  clerk,  in  five  of  the  most 
public  places  in  the  district,  which  notices  shall  be  posted  up 
at  least  ten  days6  before  such  election,  and  shall  state  therein 
the  object  for  which  the  election  was  called  and  the  manner 
in  which  the  question  shall  be  voted  upon.7  That  said  election 
shall  be  conducted  hi  all  respects  as  are  general  elections  under 
the  laws  of  the  state,  except  that  females  of  the  age  of  twenty- 

5.  Build  Schoolhouse.   School  districts  having  less  than  fifteen  children 
of  school  age  within  their  limits  are,  by  the  terms  of  the  law  providing  for 
the  issuance  of  school-district  bonds,  prohibited  and  debarred  from  raising 
funds  for  the  building  or  purchase  of  schoolhouses  by  the  issuance  of 
school-district  bonds.     Such  school  districts  can  provide  funds  for  the 
building  of  schoolhouses  by  issuing  school-district  warrants,  to  the  extent 
and  within  the  limitation  of  section  7407,  General  Statutes  of  1909  (sec- 
tion 487  of  this  book),  but  not  otherwise.     It  is  within  the  power  of 
school  districts,  under  said  section,  to  vote  a  tax  annually,  not  exceeding 
two  and  one-half  per  cent  on  the  taxable  property  in  the  district,  for 
school  purposes,  and  to  distribute  such  portion  of  the  amount  of  such 
tax  as  the  school  meeting  shall  deem  proper  for  the  purpose  of  building, 
hiring  or  purchasing  a  schoolhouse  for  the  district.     Beyond  this  the  dis- 
trict cannot  go.     School  warrants  for  building  schoolhouses  cannot  be 
issued  in  excess  of  the  amount  authorized  by  law,  upon  the  expectation 
that  in  subsequent  years  the  school  district  will  provide  funds  for  the 
payment  of  the  same  by  taxation. 

6.  Ten  days  should  intervene  between  the  date  of  posting  the  election 
tices  and  the  day  of  the  election,  without  counting  either  of  the  two 

dates. 

i  J'-i  ThA  utm.ost  care  should  be  had  in  complying  with  the  law  in  every 
letail;  otherwise  the  bonds  may  be  invalid  or  their  sale  affected  by  their 
unfavorable  history. 


Ch.  1]  BONDS — SCHOOL  DISTRICT.  11 

one  years  shall  be  entitled  to  vote  at  all  such  elections,  subject 
only  to  the  exceptions  applied  to  males ;  and  the  returns  of  the 
election  shall  be  the  same,  except  that  they  shall  be  made  to 
the  district  board.  (Laws  1879,  ch.  49,  sec.  2.) 

SEC.  3.  Issuance.  [7633.]  The  bonds  herein  provided  for 
shall  be  issued  in  denominations  of  not  less  than  $100  nor 
more  than  $500  each;8  they  shall  bear  interest  at  a  rate  not 
to  exceed  six  per  cent  per  annum,  payable  semiannually  on 
the  1st  days  of  January  and  July  of  each  year,  at  such  place 
as  shall  be  designated  in  the  bonds,  the  principal  of  the  bonds 
being  made  payable  within  fifteen  years  from  their  date.  These 
bonds  shall  specify  on  their  face  the  date  of  issue,  amount, 
for  what  purpose  and  to  whom  issued,  the  time  they  run,  the 
rate  and  times  of  payment  of  interest,  and  shall  have 
coupons  attached  for  the  interest  as  it  becomes  due,  said 
coupons  being  so  arranged  that  the  last  one  shall  fall  due 
at  the  time  of  the  maturity  of  the  bond.  Said  bonds  and  the 
coupons  thereto  attached  shall  be  signed  by  the  director 
and  countersigned  by  the  clerk,  and  after  registration  by  the 
county  clerk  shall  be  negotiable  and  transferable  by  delivery, 
and  may  be  disposed  of  by  the  district  board  at  not  less  than 
ninety-five  cents  on  the  dollar,  and  the  proceeds  of  the  same 
applied  as  provided  for  in  the  petition  at  which  issuance  of 
the  bonds  was  authorized.  (Laws  1879,  ch.  49,  sec.  3.) 

SEC.  4.  Limitations  Modified.  [Laws  1911,  ch.  257,  sec.  1.] 
The  limitations  placed  by  the  statutes  upon  the  voting  of 
bonds  in  cities  and  school  districts  for  the  purpose  of  erecting 
school  buildings  may  be  modified  as  in  this  act  provided. 

SEC.  5.  Authority  of  School-fund  Commissioners.  [Laws 
1911,  ch.  257,  sec.  2.]  The  Board  of  School-fund  Commission- 
ers of  the  state  of  Kansas  is  hereby  authorized  and  empowered 
to  make  an  order  authorizing  any  city  or  school  district  to 
vote  bonds  for  the  purpose  of  erecting  school  buildings  to  an 
amount  of  not  more  than  fifty  per  cent  in  excess  of,  and  in 
addition  to,  the  amount  of  bonds  that  may  be  voted  under  laws 
now  in  force. 

SEC.  6.  Application  to  Vote  Additional  Bonds.  [Laws  1911, 
ch.  257,  sec.  3.]  The  power  of  the  said  Board  of  School-fund 
Commissioners  herein  may  be  invoked  by  the  filing  with  it  of 
an  application  by  the  board  of  education  of  a  city  or  by  the 
school-district  board  of  a  school  district  that  the  permission 
of  the  said  Board  of  School-fund  Commissioners  be  given  for 
the  voting  and  issuance  of  additional  bonds  as  provided  in  the 
preceding  section.  The  said  application  shall  be  accompanied 
by  a  petition  to  the  board  of  education  or  the  school-district 
board,  signed  by  not  less  than  one-half  of  the  number  of  elec- 

8.  Bonds  should  be  issued  in  denominations  of  $100,  $200,  and  $500,  to 
conform  to  the  printed  bonds  furnished  by  the  School-fund  Commissioneis 
to  districts. 


12  BONDS — SCHOOL  DISTRICT.  [Ch.  1 

tors  who  may  be  entitled  to  vote  for  an  issuance  of  bonds  under 
the  laws  in  force  at  the  time  of  the  taking  effect  of  this  act, 
requesting  that  an  application  as  hereinbefore  provided  shall 
be  filed  with  the  said  Board  of  School-fund  Commissiotn- 
ers.  Notice  of  the  intention  to  file  such  application  shall  be 
given  to  the  electors  by  a  publication  in  the  official  county 
paper,  in  form  to  be  prescribed  by  the  said  Board  of  School- 
fund  Commissioners;  and  the  said  board  shall  also  prescribe 
all  rules  and  regulations  which  may  be  found  necessary  to 
properly  carry  out  the  provisions  of  this  act,  including  rules 
in  relation  to  the  evidence  required  in  support  of  the  appli- 
cation and  the  method  of  furnishing  such  evidence. 

SEC.  7.  Hearing  of  Application.  [Laws  1911,  ch.  257,  sec. 
4.]  The  said  application  shall  be  heard  by  the  Board  of 
School-fund  Commissioners  upon  a  day  fixed,  and  the  board 
of  education  or  school-district  board  be  so  notified ;  and  which 
hearing  shall  be  at  the  county  seat  of  the  county  whence  the 
application  comes;  and  the  said  board  shall  make  an  order 
either  granting  or  denying  said  application;  and  if  the  order 
made  shall  grant  the  application  and  call  for  an  election  to 
vote  upon  the  question  of  issuing  said  increased  amount  of 
bonds,  the  election  so  called  shall  be  held  in  all  respects  as  is 
provided  by  laws  in  operation  at  the  time  of  the  taking  effect 
of  this  act,  and  any  bonds  so  voted  and  issued  pursuant  to  such 
election  shall  be  in  all  respects  legal  and  valid  bonds  of  the 
city  or  school  district  which  votes  and  issues  them. 

SEC.    8.      Registration.      [7634.]      Before    delivering    any 
school-district  bonds,  the  board  of  directors  of  the  district 
issuing  the  same  shall  cause  them  to  be  registered  with  the 
clerk  of  the  county  in  which  the   said  district  is   located. 
And  it  shall  be  the  duty  of  the  county  clerk,  on  presentation 
of  any  school  bonds  for  registry,  to  register  the  same  in  a 
book  prepared  for  that  purpose,  which  register  shall  contain 
(1)  the  number  of  the  district;  (2)  the  number  of  the  bond; 
(3)  date  of  bond;  (4)  to  whom  payable;  (5)  when  [where] 
payable;  (6)  when  due;  (7)  when  interest  is  due ;  (8)  amount 
of  bond.    The  county  clerk  shall  furnish  one  copy  of  his  reg- 
ister to  the  county  treasurer,  and  forward  one  copy  to  the 
state  superintendent,  together  with  a  statement  showing,  (1) 
the  number  of  sections  of  land  in  the  district  issuing  such 
bonds;  (2)  the  number  of  acres  of  land  assessed  and  subject 
to  taxation  in  said  district;    (3)    the  assessed  valuation  of 
axable  lands;  (4)  the  assessed  valuation  of  all  personal  prop- 
rty  in  such  district;  which  statement  shall  be  signed  by  each 
member  of  the  school  board  issuing  the  bonds,  and  the  county 
shall  certify  under  the  official  seal  of  his  office  to  the 
correctness  of  the  statement  and  the  genuineness  of  the  signa- 

J  attached  thereto.     (Laws  1879,  ch.  49,  sec.  4.) 
SEC.    9.    Interest  and  Sinking-fund.     [7635.]     It  shall  be 


Ch.  1]  BONDS — SCHOOL  DISTRICT.  13 

tfee  duty  of  the  board  of  county  commissioners  of  each  county 
to  levy,  annually,  upon  all  the  taxable  property  in  each  dis- 
trict in  such  county,  a  tax  sufficient  to  pay  the  interest  accru- 
ing upon  any  bonds  issued  by  such  district,  and  to  provide  a 
sinking-fund  for  the  final  redemption  of  the  bonds,  such  levy 
to  be  made  with  the  annual  levy  of  the  county  and  the  taxes 
collected  with  the  other  taxes,  and  when  collected  shall  be  and 
remain  in  the  hands  of  the  county  treasurer,  a  specific  fund  for 
the  payment  of  the  interest  upon  such  bonds,  and  for  their 
final  payment  at  maturity;9  provided,  that  moneys  in  the 
hands  of  the  county  treasurer  belonging  to  the  sinking-fund  of 
the  several  school  districts  in  such  county  shall  be  invested  by 
the  county  treasurer,  (1)  in  the  bonds  of  the  district  to  which 
said  sinking-fund  belongs,  provided  such  bonds  can  be  pur- 
chased at  a  price  not  exceeding  their  market  or  par  value;  (2) 
in  the  bonds  of  other  school  districts  of  this  state  maturing  be- 
fore the  bonds  for  which  such  fund  is  raised,  provided  the 
same  can  be  purchased  at  a  price  not  exceeding  their  market  or 
par  value;  (3)  in  the  bonds  of  the  state  of  Kansas,  or  of  the 
United  States.  (Laws  1879,  ch.  49,  sec.  5.) 

SEC.  10.  Interest  Credited  to  Sinking-fund.  [Laws  1911, 
ch.  288,  sec.  1.]  That  whenever  any  city,  township  or  school  dis- 
trict sinking-fund  shall  amount  to  $500  and  shall  have  been  in 
the  hands  of  the  county  treasurer  for  the  period  of  one  year,  it 
shall  be  the  duty  of  such  treasurer,  and  he  is  hereby  required, 
to  credit  any  such  sinking-fund  with  its  proportional  share  of 
the  interest  thereafter  accruing  from  the  deposit  by  such  treas- 
urer of  the  public  moneys  in  banks  as  provided  by  law,  and 
thereafter  such  interest  shall  belong  to  and  be  a  part  of  such 
sinking-fund,  and  the  same  shall  no  longer  belong  to  the 
county. 

SEC.  11.  Sinking-fund  Invested  in  Bonds.  [Laws  1911,  ch. 
287,  sec.  1.]  That  the  proper  officers  having  charge  and  con- 
trol of  any  moneys  which  have  been  or  may  hereafter  be  levied 
and  collected  as  a  sinking-fund  9  to  redeem  the  outstanding 
bonds  of  any  county,  township,  city  or  school  district,  may  in- 
vest such  sinking-fund  by  purchasing  the  bonds  of  any  county, 
township,  city  or  school  district  within  the  state  of  Kansas, 
subject  to  the  following  conditions:  First,  no  such  bonds  shall 
be  purchased  unless  the  same  shall  be  accompanied  by  a  cer- 
tificate of  the  attorney-general  of  the  state  of  Kansas,  in  ac- 
cordance with  section  @  of  chapter  110  of  the  General  Statutes 
of  1909  of  the  state  of  Kansas,  showing  such  bonds  to  be  ac- 
ceptable as  security  for  deposits  of  state  funds  under  the  state 
depository  law.  Second,  no  such  bonds  shall  be  purchased 
under  this  act  which  shall  not  mature  and  become  due  at  or 
prior  to  the  time  fixed  for  the  payment  of  the  bonds  for  which 

9.  Sinking-fund  cannot  legally  be  used  in  payment  of  any  other  obliga- 
tion than  that  for  which  it  was  levied. 


14  BONDS — SCHOOL  DISTRICT.  [Ch.  1 

such  sinking-fund  was  created.  Third,  no  sinking-fund  shall 
be  invested  under  this  act  in  the  bonds  of  any  county,  town- 
ship, city  or  school  district  where  the  bonded  and  floating  in- 
debtedness thereof  shall  exceed  five  per  cent  of  its  total  as- 
sessed valuation  as  shown  by  the  last  assessment  preceding 
such  inyestment.  Fourth,  any  officer  or  officers  investing 
sinking-funds  under  this  act  shall  be  authorized  to  pay  isuch 
premium  as  may  be  necessary  to  secure  the  bonds  desired  in 
the  open  market;  provided,  that  no  premium  shall  be  paid  for 
any  bonds  purchased  under  this  act  which  shall  have  the  effect 
of  reducing  the  annual  income  from  such  investment  to  less 
than  three  per  cent. 

SEC.  12.  Penalty  for  Issuing  Illegally.  [7636.]  If  any  school- 
district  officer,  whose  duty  it  is  under  the  provisions  of  this 
act  to  issue  or  assist  in  any  manner  in  the  issuance  of  the 
bonds  of  any  school  district,  shall  prepare,  sign  or  deliver,  or 
aid,  counsel  or  assist  in  preparing,  signing  or  delivering,  or 
shall  cause  to  be  prepared,  signed,  or  delivered,  any  bond  or 
bonds  of  any  school  district,  at  any  time  before  such  bond  or 
bonds  are  authorized  by  this  act  to  be  prepared,  signed  or  de- 
livered, such  officer  shall  be  guilty  of  a  felony,  and  upon  con- 
viction shall  be  fined  in  a  sum  of  not  less  than  $500  nor  more 
than  $5000,  or  by  imprisonment  in  the  penitentiary  for  not 
less  than  one  year  and  not  longer  than  five  years,  or  by  both 
such  fine  and  imprisonment.  And  "if  the  board  of  directors 
of  any  school  district,  or  any  member  thereof,  shall  use  or 
dispose  of  any  school-district  bonds,  or  the  money  accruing 
from  the  sale  of  such  bonds,  in  any  other  manner  or  for  any 
other  purpose  than  that  for  which  the  same  was  created  or 
intended,  he  or  they  shall  be  liable  to  be  punished  by  fine  in 
any  sum  not  less  than  $1000,  by  information  or  indictment 
in  any  court  of  competent  jurisdiction,  or  by  imprisonment 
in  the  county  jail  not  more  than  six  months,  or  by  both  such 
fine  and  imprisonment.  (Laws  1879,  ch.  49,  sec.  6.) 

SEC.  13.  Final  Disposition.  [7637.]  On  the  payment  of  the 
bonds  or  coupons  of  any  school  district,  the  county  treasurer 
immediately  cancel  the  same,  and  indorse  thereon  the 
date  of  payment;  and  at  the  time  of  his  settlements  with  the 
several  school-district  treasurers  of  his  county  he  shall  de- 
liver 1;o  each  the  canceled  bonds  and  coupons  of  his  district, 
and  take  a  receipt  therefor,  and  such  canceled  bonds  and 
coupons  shall  be  destroyed  by  the  district  treasurer  in  the 
presence  of  all  the  officers  of  the  district,  a  complete  record 

«—  destruction  being  made  by  the  district  clerk.     On 

h  n  ay  lf  July  °f  each  year'« each  and  every  count>' 

E?  f^^^J^^'W?"  canLlerdurUlhe^ear; 


-,.v    —  —  —  ww*«v,,  accompanied  bv  the 
given  by  district  treasurers  therefor;  and  the  count- 


Ch.  1]  BONDS — SCHOOL  DISTRICT.  15 

clerk  shall  immediately  thereafter  cancel  the  registry  of  all 
such  bonds  and  coupons  by  indorsing  thereon  the  date  of 
payment  of  each.  (Laws  1879,  ch.  49,  sec.  7.) 

NOTE. — All  school  bonds  must  first  be  offered  to  the  School-fund  Com- 
mission, and  the  commission  has  the  option  to  purchase  same  at  not  more 
than  par.  See  section  518  of  this  book. 

SEC.  14.  Payment  before  Maturity.  [7716.]  If  at  any  time 
any  board  of  education,  school  district,  township,  county  or 
city  of  any  class  shall  have  accumulated  in  the  treasury  sink- 
ing-fund sufficient  to  pay  in  full  any  bond  or  bonds  issued  by 
such  board  of  education,  school  district,  township,  county  or 
city  of  any  class  before  the  maturity,  the  state  permanent 
school  fund,  State  Normal  School  fund,  or  the  University  per- 
manent school  fund,  or  Agricultural  College  endowment  fund 
being  the  holders  thereof,  such  board  of  education,  school 
district,  township,  county  or  city  of  any  class  may  pay  the 
same  to  the  state  treasurer  at  the  time  any  interest  coupon  is 
due,  and  take  up  such  bond  or  bonds,  and  the  state  treasurer  is 
hereby  authorized  to  receive  the  same  and  cancel  such  bond  or 
bonds  and  the  unmatured  coupons  attached  thereto,  and  deliver 
the  same  so  canceled  to  the  officer  paying  the  amount ;  provided, 
that  the  state  treasurer,  before  delivering  said  bond  or  bonds, 
shall  present  the  same  to  the  auditor  of  the  state,  together 
with  a  statement  showing  the  amount  of  coupons  upon  which 
no  moneys  have  been  received,  and  upon  examining  such  state- 
ment, and  comparing  with  the  coupons  attached  to  such  bond 
or  bonds,  the  auditor  shall  credit  the  treasurer  with  the 
amounts  shown  to  be  canceled  before  maturity.  (Laws  1905, 
ch.  382,  sec.  1.) 

SEC.  15.  Payment  before  Maturity — Additional  Provisions. 
[605.]  Whenever  any  county,  city,  township  or  school  district 
in  this  state  shall  owe  any  outstanding  and  unmatured  bonds, 
and  at  the  same  time  shall  have  in  its  treasury  any  sinking- 
funds  raised  to  pay  such  bonds,  the  proper  officers  of  such 
county,  city,  township  or  school  district  may  use  such  funds  to 
purchase  or  pay  any  of  such  bonds  and  cancel  the  same,  when- 
ever they  can  be  so  purchased  or  paid  at  or  below  par,  or  at 
such  reasonable  price  above  par  as  may  be  requested  by  a  ma- 
jority of  the  resident  taxpayers  of  such  county,  city,  township, 
or  school  district,  and  which  request  may  be  made  by  a  written 
petition  to  that  effect,  directed  to  such  officers.  (Laws  1905, 
ch.  72,  sec.  1.) 

SEC.  16.  Payable  at  State  Treasury.  [622.]  From  and  after 
the  taking  effect  of  this  act  all  bonds  issued  by  the  state,  or  any 
county,  township,  municipality,  or  school  district,  and  the  in- 
terest coupons  thereon,  shall  be  made  payable  at  the  office  of 
the  state  treasurer,  in  the  city  of  Topeka,  in  the  state  of  Kan- 
sas. (Laws  1908,  ch.  58,  sec.  2.) 

SEC.  17.  State  Treasurer.  [7705.]  At  least  thirty  days  be- 
fore the  maturity  of  any  bonds  or  coupons  belonging  to  the 


BONDS  —  REFUNDING. 


[Ch.  1 


permanent  school  fund  or  sinking-fund,  it  shall  be  the  duty 
of  the  state  treasurer  to  furnish  a  detailed  statement  to  each 
county  or  city  treasurer,  or  the  treasurer  of  any  board  of 
education,  of  the  amount  due  from  them  respectively,  de- 
scribing in  such  statement  the  number  of  the  district  or  the 
name  of  the  city,  the  amount  of  interest  due,  and  the  amount 
of  principal  due,  if  any.  (Laws  1877,  ch.  174,  sec.  2.) 

SEC.  18.  County  and  City  Treasurers.  [7706.]  It  shall  be 
the  duty  of  each  county  and  city  treasurer,  and  the  treasurers 
of  boards  of  education,  to  remit  to  the  state  treasurer,  at  least 
ten  days  before  the  maturity  of  any  bonds  or  coupons,  all 
moneys  collected  by  them  for  the  redemption  of  such  bonds 
'and  coupons,  and  all  express  charges  and  postage  shall  be  a 
proper  charge  against  such  city  or  school  district  and  shall 
be  allowed  to  such  treasurer  on  settlement.  (Laws  1877,  ch. 
174,  sec.  3.) 

SEC.  19.  Cancellation.  [7707.]  On  receipt  of  any  funds  by 
the  state  treasurer,  he  shall  immediately  cancel  all  coupons 
or  bonds  for  which  funds  are  remitted,  and  return  such  cou- 
pons or  bonds  to  the  office  of  the  treasurer  remitting  the  same. 
(Laws  1877,  ch.  174,  sec.  4.) 

SEC.  20.  Penalty.  [7708.]  Any  county  or  city  treasurer, 
or  treasurer  of  any  board  of  education,  who  shall  neglect  or 
refuse  to  perform  the  duties  required  of  him  by  this  act,  shall 
be  liable  to  the  state  in  a  sum  equal  to  double  the  amount  of 
such  bbnds  or  coupons  remaining  unpaid  by  reason  of  such 
neglect  or  refusal,  which  may  be  recovered  in  a  suit  at  law 
against  such  treasurer  and  his  bondsmen;  and  it  is  hereby 
made  the  duty  of  the  county  attorney  of  the  proper  county, 
upon  the  request  of  the  attorney-general,  to  prosecute  all  such 
suits.  (Laws  1877,  ch.  174,  sec.  5.) 

ARTICLE  II.—  REFUNDING  BONDS. 


§21.    Bonded  indebtedness  may  be  refunded. 

22.  Bonds  shall  be  signed  by  whom. 

23.  Bonds  issued,  how  and  when. 

24.  Bonds    issued     for     payment    of    out- 

standing   warrants. 
26.    Bonds   shall  be  registered. 

26.  Indebtedness    shall    not    be    increased, 

when. 

27.  Annual  levy  for  interest  and  sinking- 

fund. 

28.  County     treasurer     may     make     levy, 

when. 

29.  Sinking-fund,  when  and  how  created. 


§30.    Coupons   shall   be   promptly   paid   and 
destroyed. 

31.  Penalty  for  wrongful  use  of  money. 

32.  Coupons  when  due  shall  be  receivable 

for  taxes  by  corporation  issuing. 

33.  Merged  districts  may  refund  bonds. 

34.  Form  of  bonds. 

35.  Commissioners  to  levy. 

36.  Suits  against  merged  districts. 

37.  May  take  up  merged-district  bonds. 

38.  Law   governing   such   indebtedness. 

39.  Payment  and  refunding  of  bonds  ;  dis- 

organized districts. 


SECTION  21.  Bonded  Indebtedness  may  be  Refunded.  [Laws 
1911,  ch.  67,  sec.  1.]  That  section  588  of  the  General  Stat- 
utes of  Kansas  of  1909  be  and  the  said  section  is  hereby 
amended  to  read  as  follows :  Sec.  588.  Every  county,  every 
city  of  the  first,  second  or  third  class,  the  board  of  education 
of  any  city,  every  township  and  every  school  district  is  hereby 
authorized  and  empowered  to  compromise  and  refund  its 


Ch.  1]  BONDS — REFUNDING.  17 

bonded  indebtedness,  including  coupons  and  judgments  thereon, 
upon  such  terms  as  can  be  agreed  upon,  and  to  issue  new  bonds 
with  semiannual  interest  coupons  attached  in  payment  for  any 
sums  so  compromised;  which  bonds  shall  be  sold  at  not  less 
than  par,  shall  not  be  for  a  longer  period  than  thirty  years, 
shall  not  exceed  in  amount  the  actual  amount  of  outstanding 
indebtedness,  inclusive  of  attached  coupons,  and  shall  not 
draw  a  greater  interest  than  six  per  cent  per  annum.  No 
indebtedness  of  any  kind  shall  be  funded  or  refunded  under 
the  provisions  of  this  act  except  bonded  indebtedness  actually 
existing  at  the  time  of  the  passage  of  this  act  or  hereafter 
legally  created;  and  nothing  herein  contained  shall  be  con- 
strued to  validate  or  invalidate  any  existing  bonded  indebted- 
ness ;  provided,  that  whenever  any  of  the  property  of  any  city 
of  the  first  class  having  a  population  of  40,000  and  over  is 
subject  to  an  indebtedness  consisting  of  mortgage  bonds,  and 
such  city  of  the  first  class  has  paid  in  cash  more  than  fifty  per 
cent  of  the  purchase  price  of  such  property,  then  such  mort- 
gage bonds  shall  be  deemed  to  be  bonded  indebtedness  of  such 
city  within  the  meaning  of  this  act. 

NOTE. — Maturing  interest  coupons  may  be  included,  but  unearned  inter- 
est coupons  should  not  be  included.  See  Kelly  v.  Cole,  63  Kan.  386. 

SEC.  22.  Bonds  Shall  be  Signed  by  Whom.  [589.]  Bonds 
issued  under  this  act  by  any  county  shall  be  signed  by  the 
chairman  of  the  board  of  county  commissioners,  and  attested 
by  the  county  clerk,  under  the  seal  of  the  county.  Bonds 
issued  by  any  city  shall  be  signed  by  the  mayor,  and  attested 
by  the  city  clerk,  under  the  seal  of  the  city.  Bonds  issued 
by  any  township  shall  be  signed  by  the  trustee,  attested  by 
the  township  clerk,  and  countersigned  by  the  township  treas- 
urer. Bonds  issued  by  the  board  of  education  of  any  city  shall 
be  signed  by  the  president,  and  attested  by  the  clerk  of  the 
board,  under  the  seal  of  such  board.  Bonds  issued  by  any 
school  district  shall  be  signed  by  the  director,  attested  by  the 
clerk,  and  countersigned  by  the  treasurer  of  the  school-district 
board,  and  the  coupons  shall  be  signed  by  the  mayor,  president, 
director,  trustee,  or  chairman  of  the  board  of  county  commis- 
sioners, and  the  clerks  respectively.  Such  bonds  may  be  in 
any  denominations,  from  $100  to  $1000,  and  made  payable  at 
such  place  as  may  be  designated  upon  the  face  thereof,  and 
they  shall  contain  a  recital  that  they  are  issued  under  this  act. 
(Laws  1879,  ch.  50,  sec.  2.) 

SEC.  23.  How  Issued  and  When.  [590.]  When  a  compro- 
mise has  been  agreed  upon,  it  shall  be  the  duty  of  the  proper 
officers  to  issue  such  bonds  at  the  rate  agreed  upon  to  the  holder 
of  such  indebtedness,  in  the  manner  prescribed  in  this  act ;  but 
no  bonds  shall  be  issued  under  this  act  until  the  proper  evidence 
of  the  indebtedness  for  which  the  same  are  to  be  issued  shall 
be  delivered  up  for  cancelation;  provided,  that  no  bonded  in- 


18 


BONDS — REFUNDING.  [Ch.  1 


debtedness  shall  be  refunded  by  the  board  of  county  commis- 
sioners, or  any  mayor  and  city  council,  or  any  board  of  trustees 
of  any  township,  or  any  school-district  board,  or  board  of  ed- 
ucation, under  this  act,  except  such  as  have  been  issued  and 
outstanding  at  least  two  years  at  the  time  of  such  refunding; 
and  provided  further,  that  except  for  the  refunding  of  out- 
standing debt,  including  outstanding  bonds  and  matured  cou- 
pons thereof,  or  judgment  thereon,  no  bonds  of  any  class  or 
description  shall  hereafter  be  issued  where  the  total  bonded 
indebtedness  of  such  county  or  township  would  thereby  ex- 
ceed one  per  cent10  of  the  assessment  for  taxation,  as  shown 
by  the  last  finding  and  determination  by  the  proper  board  of 
equalization,  or  of  such  city,  school  district  or  board  of  educa- 
tion exceed  one  and  one-fifth  per  cent  of  such  assessment ;  but 
this  restriction  shall  not  apply  to  cities  of  the  first  class.  (Laws 
1909,  ch.  62,  sec.  2.) 

SEC.  24.  Bonds  Issued  for  Payment  of  Outstanding  War- 
rants. [Laws  1911,  ch.  264,  sec.  L]  That  all  school  districts 
in  the  state  of  Kansas  prior  to  the  passage  of  this  act  having 
outstanding  warrants  representing  valid  indebtedness  of  the 
district  be  and  they  are  hereby  empowered  and  authorized, 
by  and  through  their  duly  elected,  constituted  and  appointed 
boards  of  directors,  or  duly  elected,  qualified  and  acting  boards 
of  education,  to  compromise  and  refund  such  indebtedness 
upon  such  terms  as  can  be  agreed  upon,  and  to  issue  the  bonds 
of  said  district  in  any  amount  not  to  exceed  the  actual  amount 
of  said  warrant  indebtedness,  nor  to  exceed  five  per  cent  of  the 
assessed  valuation  of  all  the  taxable  property  in  said  district 
as  ascertained  by  the  assessment  of  the  year  1910 ;  said  bonds 
may  be  issued  in  any  amount  not  less  than  one  hundred  dollars 
nor  more  than  five  hundred  dollars,  with  semiannual  interest 
coupons  attached,  and  shall  be  issued  in  all  respects  in  con- 
formity to  and  in  accordance  with  an  act  entitled  "An  act  to 
enable  counties,  municipal  corporations,  boards  of  education 
of  any  city,  and  school  districts  to  refund  their  indebtedness," 
being  general  sections  588  to  598,  inclusive,  of  the  General 
Statutes  of  1909 ;  provided,  that  no  limitation  expressed  in  any 
other  act  shall  apply  to  bonds  issued  under  this  act. 

SEC.  25.  Bonds  Registered.  [591.]  The  clerk  of  every 
county,  city,  township,  school  district  and  board  of  education 
issuing  bonds  under  this  act  shall  register  the  same  in  his 
office.  Such  bonds  shall  also,  in  every  case,  be  registered 
by  the  county  clerk,  showing  the  date,  number  and  amount 
thereof,  rate  of  interest,  number  of  coupons  and  amount 
of  each,  to  whom  payable,  where  payable,  date  of  maturity, 
and,  if  optional,  under  what  conditions;  and  all  bonds  re- 
funded under  this  act  shall  have  the  words  "Paid  in  full" 

10.  Bonds  cannot  be  issued  to  exceed  one  and  one-half  per  cent  for  all 
purposes,  except  as  provided  in  sections  4  to  7.  See  section  1. 


Ch.  1]  BONDS — REFUNDING.  19 

marked  in  a  plain  manner  across  the  face  of  each  bond  and 
coupon  so  refunded,  and  such  canceled  obligations  shall  be 
carefully  preserved  in  the  office  of  the  county  clerk,  or 
destroyed  by  the  county  commissioners,  a  register  of  the 
number,  amount  and  date  of  issue  having  been  first  made  by 
the  county  clerk.  The  proper  officers  shall,  at  the  time  of 
issuing  refunding  bonds,  make  out  and  transfer  to  the  audi- 
tor of  state  a  certified  statement  of  all  proceedings  had  by 
the  proper  board  or  city  council,  as  shown  of  record,  and 
that  the  said  bonds  have  been  issued  for  value,  in  all  re- 
spects in  conformity  to  this  act,  for  certain  indebtedness 
surrendered,  distinctly  describing  the  bonds  issued  and  the 
indebtedness  surrendered,  and  that  they  have  been  duly  reg- 
istered by  the  attesting  clerk  and  the  county  clerk,  as  re- 
quired herein,  which  statement  shall  be  in  such  form  and 
include  such  other  information  as  the  auditor  of  state  may 
require,  and  be  signed  by  all  the  officers  whose  signatures 
are  attached  to  such  bonds,  and  attested  by  the  proper  clerk 
with  the  corporate  seal  of  the  county,  city,  township,  school 
district,  or  board  of  education,  if  any,  and  be  duly  acknowl- 
edged before  the  county  clerk;  and  the  auditor  shall,  upon 
being  satisfied  that  such  bonds  have  been  issued  according 
to  the  provisions  of  this  act,  and  that  the  signatures  thereto 
of  the  officers  signing  the  same  are  genuine,  register  the  same 
in  his  office  in  a  book  kept  for  that  purpose,  and  shall,  under 
his  seal  of  office,  certify  upon  such  bonds  the  fact  that  they 
have  been  registered  in  his  office  according  to  law.  (Laws 
1891,  ch.  163,  sec.  3.) 

SEC.  26.  Indebtedness  Not  to  be  Increased.  [592.]  In  all 
cases  in  which  any  county,  city,  township,  the  board  of  edu- 
cation of  any  city,  or  school  district,  shall  effect  a  compromise 
of  its  indebtedness  under  this  act,  at  a  rate  of  sixty-five  per 
cent  or  less  upon  the  amount  of  such  indebtedness,  and  shall 
issue  bonds  therefor  under  the  provisions  of  this  act,  such 
county,  city,  township,  the  board  of  education  of  any  city  or 
such  school  district  so  compromising  at  such  a  rate,  shall 
never  increase  its  indebtedness  beyond  the  amount  of  such 
refunding  bonds  so  issued  under  this  act  until  the  same  are 
paid  or  liquidated,  and  any  bonds  that  may  be  issued  or  in- 
debtedness created  in  addition  to  such  amount  of  refunding 
bonds  so  issued  shall  be  absolutely  null  and  void.  (Laws  1879, 
ch.  50,  sec.  5.) 

SEC.  27.  Annual  Levy.  [593.]  In  every  instance  in  which 
any  county,  city,  township,  the  board  of  education  of  any  city, 
or  any  school  district,  shall  issue  bonds  under  this  act,  it  shall 
be  the  imperative  duty  of  the  proper  officers  of  such  county, 
city,  township,  the  board  of  education  of  any  city,  or  of  such 
school  district,  whose  duty  it  may  be  to  levy  taxes,  to  an- 
nually levy,  at  the  time  of  making  the  levy  of  other  taxes, 


20  BONDS — REFUNDING.  [Ch.  1 

a  tax  sufficient  in  amount  to  pay  the  interest  upon  said  bonds 
and  the  coupons  as  they  become  due,  and  to  create  a  sinking- 
fund  as  provided  for  in  this  act  for  the  payment  of  the 
principal  of  such  bonds;  and  if  such  officers  fail  or  neg- 
lect to  make  such  levy,  it  shall  be  the  duty  of  the  county 
clerk  forthwith  to  levy  such  tax ;  and  in  case  any  such 
officer  shall  neglect  or  refuse  to  levy  any  such  tax  at  the 
time  aforesaid,  and  in  case  any  county  clerk  shall  neg- 
lect or  refuse  to  extend  such  tax  upon  the  tax-roll  of  the 
county  at  the  proper  time,  then,  and  in  that  case,  any  such 
officer  so  neglecting  or  refusing  to  levy  or  extend  such  tax 
shall  be  severally  and  individually  liable,  and  shall  also  be 
liable  upon  his  official  bond  to  the  holder  of  any  such  bond 
or  coupon  falling  due  during  the  year  for  which  such 
tax  should  have  been  levied  or  extended  for  the  full  amount 
thereof,  as  soon  as  the  same  is  due,  which  liability  may 
be  enforced  in  a  civil  action  in  the  name  of  such  holder; 
and  any  such  officer  so  neglecting  or  refusing  to  levy  or  ex- 
tend such  tax  shall  also  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  fined  in  an  amount  equal 
to  the  amount  which  it  may  be  shown  should  have  been  so 
levied  or  extended  during  such  year,  or  imprisoned  in  the 
county  jail  for  a  term  of  not  less  than  three  nor  more  than 
twelve  months.  (Laws  1879,  ch.  50,  sec.  6.) 

SEC.  28.  County  Treasurer  to  Make  Levy.  [594.]  Should 
the  proper  officers  whose  duty  it  is  to  levy  the  taxes  to  pay 
such  bonds  and  coupons  fail  or  neglect  to  make  such  levy  as 
provided  for  in  this  act,  it  shall  be  the  duty  of  the  auditor  of 
state,  at  any  time  thereafter,  to  ascertain  the  amount  of  in- 
terest and  sinking-fund  or  principal  of  such  bonds,  accrued 
and  to  accrue  during  that  year,  and  shall  certify  the  amount 
thereof  to  the  treasurer  of  the  county  in  which  such  bonds 
were  issued,  setting  forth  the  amount  thus  due,  and  whether 
from  the  county  or  from  a  particular  city,  township,  the  board 
of  education  of  any  city  or  school  district  within  such  county; 
and  it  shall  be  the  duty  of  such  county  treasurer,  immediately 
upon  receiving  such  certified  statement  from  the  auditor  of 
state,  to  proceed  to  ascertain  from  the  assessment  roll  of  the 
county  the  amourtt  of  taxable  property  in  such  county, 
city,  township,  the  board  of  education  of  any  city,  or  such 
school  district,  and  what  percentage  is  required  to  be  levied 
thereon  to  pay  said  interest  and  sinking-fund  or  principal,  and 
when  so  ascertained  shall  levy  such  percentage  upon  the  tax- 
able property  of  such  county,  city,  township,  the  board  of  edu- 
cation of  any  city,  or  such  school  district,  as  may  be  liable 
thereto,  and  shall  immediately  place  the  same  upon  the  tax-roll 
of  the  county,  in  a  separate  column  or  columns,  designating  the 
purpose  for  which  said  taxes  are  levied;  and  the  said  taxes 
I  be  collected  by  the  county  treasurer  of  such  county  in  the 
same  manner  that  other  taxes  are  collected.  And  should  such 


Ch.  1]  BONDS — REFUNDING.  21 

county  treasurer  neglect  or  refuse  to  levy  such  tax  and  place 
the  same  upon  the  tax-roll  for  collection,  as  herein  provided, 
he  shall  be  personally  liable,  and  also  liable  upon  his  official 
bond  to  the  holder  of  any  such  bonds  or  coupons  then  due  for 
the  full  amount  thereof,  and  shall  also  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  imprisoned 
in  the  county  jail  for  not  less  than  three  nor  more  than  twelve 
months.  (Laws  1879,  ch.  50,  sec.  7.) 

SEC.  29.  Sinking-fund.  [595.]  It  shall  be  the  duty  of  every 
county,  city,  township,  the  board  of  education  of  any  city,  and 
of  every  school  district,  issuing  bonds  under  this  act,  and  of  the 
proper  officers  thereof,  to  create  a  sinking-fund,  and  to  levy 
annually  a  sufficient  tax  therefor,  for  the  redemption  of  such 
bonds,  which  shall  be  collected  as  other  taxes,  and  paid  into  the 
treasury  as  provided  by  law  for  other  taxes,  and  shall  re- 
main as  a  specific  fund  for  the  redemption  of  said  bonds; 
the  amount  of  which  sinking-fund  shall  be  as  follows:  In 
every  instance  in  which  bonds  shall  be  issued  under  this 
act  for  twenty  years  or  less,  the  quotient  found  by  dividing 
the  amount  of  the  principal  of  such  bonds  by  such  number  of 
years  shall  be  the  amount  of  sinking-fund  to  be  levied  each 
year  for  the  redemption  of  such  bonds ;  but  in  every  instance  in 
which  such  bonds  shall  be  isued  for  more  than  twenty  years,  it 
shall  not  be  necessary  to  create  a  sinking-fund,  or  to  levy  a  tax 
therefor,  until  the  twentieth  year  prior  to  the  maturity  of  such 
bonds,  at  which  time,  and  each  year  thereafter,  one-twentieth 
of  the  principal  amount  of  such  bonds  shall  be  levied  as  a  sink- 
ing-fund for  the  redemption  of  such  bonds ;  provided,  that  any 
county,  city,  township,  the  board  of  education  of  any  city,  or 
any  school  district  issuing  bonds  under  this  act,  may  buy  in  and 
cancel  any  such  bonds  whenever  the  same  can  be  done  at  or 
below  par ;  and  provided  further,  that  such  sinking-fund,  when 
not  required  for  the  payment  or  purchase  of  bonds,  may  be  in- 
vested in  bonds  of  the  United  States  or  of  the  State  of  Kansas, 
and  in  no  other  manner;  and  provided  further,  that  under  the 
provisions  of  this  act,  the  proper  officers  are  authorized,  if  de- 
sirable, to  issue  instalment  bonds,  running  thirty  years,  having 
coupons  attached  representing  the  semiannual  interest  to  be- 
come due  thereon ;  and  each  coupon  attached  to  any  instalment 
bond  shall,  after  five  years  from  its  date,  represent  one-fiftieth 
of  its  principal,  which  amount  shall  be  shown  by  separate 
words  and  figures  aside  from  the  interest  represented  in  the 
coupon,  and  each  instalment  bond  shall  show  upon  its  face  that 
its  principal  is  included  in  its  coupons.  (Laws  1879,  ch.  50, 
sec.  8.) 

SEC.  30.  Coupons  Paid  and  Destroyed.  [596.]  Whenever 
the  bonds  or  interest  coupons  issued  under  this  act  shall  be- 
come due,  they  shall  be,  on  presentation,  promptly  paid  by  the 
proper  disbursing  officer,  out  of  the  money  in  his  hands  col- 
lected for  that  purpose;  and  he  shall  indorse  upon  the  face  of 


22 


BONDS — REFUNDING.  [Ch.  1 


any  bond  or  coupon  paid  by  him,  in  red  ink,  the  word  "Paid," 
and  the  date  of  payment,  and  sign  his  name  thereto,  and  at 
each  settlement  he  shall  turn  over  the  bonds  and  coupons  so 
paid  and  canceled,  which  shall  be  carefully  preserved,  or  de- 
stroyed. (Laws  1879,  ch.  50,  sec.  9.) 

SEC.  31.  Penalty  for  Wrongful  Use  of  Money.  [597.]  Any 
person  who  shall  appropriate,  use,  or  aid  or  abet  in  appro- 
priating or  using,  any  of  the  funds  or  moneys  mentioned  in 
this  act,  for  any  other  purpose  than  as  in  this  act  provided,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  fined  in  a  sum  equal  to  the  amount  of  money  so  ap- 
propriated or  used,  and  imprisoned  in  the  county  jail  for  not 
less  than  three  nor  more  than  twelve  months,  and  shall  also 
be  liable  in  a  civil  action  for  the  amount  misappropriated  or 
used,  to  be  prosecuted  by  any  such  bondholder  or  other  party 
entitled  thereto.  (Laws  1879,  ch.  50,  sec.  10.) 

SEC.  32.  Coupons  Receivable  for  Tuxes.  [598.]  The  in- 
terest coupons  provided  for  in  this  act  shall,  as  fast  as  they 
become  due,  be  receivable  in  payment  of  taxes  due  to  the  par- 
ticular county,  city,  the  board  of  education  of  any  city,  the 
township  or  school  district  which  may  have  issued  such 
coupons,  and  shall  be  received  by  all  collecting  officers  the  same 
as  cash,  in  payment  of  such  taxes.  (Laws  1879,  ch.  50,  sec.  11.) 

SEC.  33.  Merged  districts  May  Refund  Bonded  Indebted- 
ness. [7639.]  That  the  officers  of  any  school  district  or  joint 
district,  containing  all,  the  greater  amount  or  an  equal  amount 
to  the  largest  fraction  contained  in  any  other  existing  dis- 
trict, of  the  territory  of  a  school  district  heretofore  or  here- 
after disorganized  (under  chapter  177  of  the  Laws  of  1899, 
or  chapter  305  of  the  Laws  of  1901),  are  hereby  authorized 
and  empowered  to  compromise  and  refund  the  legally  existing 
bonded  indebtedness  of  the  merged  district  and  to  issue  re- 
funding bonds  in  the  manner  and  upon  the  terms  prescribed  by 
chapter  50  of  the  Laws  of  1879  and  the  amendments  thereto. 
(Laws  1903,  ch.  430,  sec.  1.) 

SEC.  34.  Form  of  Bonds.  [7640.]  Bonds  issued  under  this 
act  shall  contain  a  recital  that  they  are  issued  in  pursuance 
of  this  act  and  of  chapter  50  of  the  Laws  of  1879  and  the 
amendments  thereto,  and  shall  run  in  the  name  of  the  merged 
school  district,  and  may  be  substantially  in  the  following  form : 

STATE   OF   KANSAS. 

No $ 

MERGED    SCHOOL-DISTRICT  REFUNDING  BOND. 

BE  IT  KNOWN,  That  merged  school  district  No.  . 

county,  state  of  Kansas,  is  indebted  to '  in  'the  'sum'  of 

dollars,  bearing  interest  from  date  at  the  rate  of  .      .  per  cent  per 

annum,  payable  semiannually,  on  the  1st  day  of  January  and  July  in  each 

the  office  of  ,  in  the  city  of ,  and  for  which 

coupons  are  hereto  attached. 

This  bond  is  one  of bonds,  amounting  in  the  aggregate  to  $. . 


Ch.  1]  BONDS — REFUNDING.  23 

issued  for  the  purpose  of  refunding  the  legally  existing  bonded  indebted- 
ness of  said  merged  district,  and  in  pursuance  of  chapter  430  of  the  Laws 
of  1903,  and  chapter  50  of  the  Laws  of  1879  and  the  amendments  thereto. 

The  principal  of  this  bond  is  made  payable  at  the  office  of  the , 

in  lawful  money  of  the  United  States,  on  the  1st  day  of ,  . . . . ; 

and  for  such  payment  the  faith  and  property  of  the  territory  comprised 
in  said  merged  district  at  the  time  of  its  disorganization  is  hereby  pledged. 

Said  merged  district  was  disorganized  on  the   ....   day  of ,  19 .  . , 

and  the   territory  thereof  was,  on  the   ....   day  of   , 

19. .,  incorporated  with  school  district  No , county,  state  of 

Kansas.  The  officers  signing  this  bond  hereby  certify  that  all  the  re- 
quirements of  law  have  been,  fully  complied  with. 

IN  TESTIMONY  WHEREOF,  This  bond  has  been  issued  and  signed  by  the 
director,  attested  by  the  clerk  and  countersigned  by  the  treasurer  of 
school  district  No ,  and  registered  by  the  county  clerk. 

Dated  at ,  county  of ,  state  of  Kansas,  this  ....  day 

of   ,  19... 

Signed :  Director. 

Attested :    Clerk. 

Countersigned :    Treasurer. 

SEC.  35.  Commissioners  to  Levy.  [7641.]  It  shall  be  the 
duty  of  the  county  commissioners  of  the  county  in  which  the 
territory  of  such  merged  district  lies  to  annually  cause  to  be 
levied  upon  the  property,  real  and  personal,  in  the  territory 
of  such  merged  district,  a  tax  sufficient  to  meet  the  interest 
and  provide  a  sinking-fund  for  the  payment  of  the  indebted- 
ness so  refunded.  In  case  of  the  disorganization  and  merger 
of  any  joint  district,  such  tax  shall  be  levied  by  the  county 
commissioners  of  the  respective  counties  wherein  the  territory 
of  the  merged  district  lies,  and  the  moneys  arising  out  of  said 
levies,  when  collected,  shall  be  paid  to  the  treasurer  of  the 
county  having  the  greater  amount  of  the  territory  of  said  dis- 
trict, in  the  manner  prescribed  by  section  1,  chapter  226,  of 
the  Laws  of  1889.  (Laws  1903,  ch.  430,  sec.  2.) 

SEC.  36.  Suits  against  Merged  Districts.  [7642,]  Suits 
may  be  brought  by  or  against  merged  districts  respecting 
bonds  so  issued,  and  the  school-district  officers  issuing  said 
bonds  or  their  successors  shall  appear  for  and  in  behalf  of  said 
merged  district.  (Laws  1903,  ch.  430,  sec.  4.) 

SEC.  37.  May  Take  up  Merged-district  Bonds.  [7643.] 
That  the  qualified  voters  of  any  school  district  or  joint  dis- 
trict containing  all  of  the  territory  of  two  or  more  school 
districts  heretofore  or  hereafter  disorganized  may,  by  a  ma- 
jority vote  thereof,  at  a  special  election  called  for  that  pur- 
pose, vote  to  issue  the  bonds  of  such  joint  district  for  the 
purpose  of  refunding  or  taking  up  of  the  bonds  of  the  merged 
or  disorganized  district  contained  in  such  joint  district.  Such 
bonds  shall  recite  that  they  are  issued  in  pursuance  of  this  act, 
and  shall  run  in  the  name  of  the  joint  school  district;  pro- 
vided, that  no  greater  amount  of  bonds  shall  be  issued  under 
this  act  than  the  total  amount  of  bonds  outstanding  ^of  the 
merged  districts  whose  territory  is  contained  in  such  joint  dis- 
trict. (Laws  1903,  ch.  430,  sec.  5.) 


24  BONDS — REFUNDING.  [Ch.  1 

SEC.  38.  Law  Governing  Such  Indebtedness.  [7644.]  Such 
indebtedness  so  created  shall  be  considered  and  treated  as  and 
shall  be  governed  by  the  laws  relating  to  the  general  indebted- 
ness of  school  districts.  (Laws  1903,  ch.  480,  sec.  6.) 

SEC.  39.  Disorganized  Districts,  Bonds  of.  [7422.]  If  any 
disorganized  school  district  has  a  legally  existing  bonded  in- 
debtedness at  the  time  of  its  disorganization,  such  indebted- 
ness shall  attach  to  and  be  a  charge  against  the  territory  com- 
prised in  such  disorganized  district  at  the  time  of  its  disorgani- 
zation ;  and  it  shall  be  the  duty  of  the  county  commissioners  of 
such  county  annually  to  cause  to  be  levied  upon  the  property, 
real  or  personal,  in  such  disorganized  territory  a  tax  sufficient 
to  meet  the  interest  and  provide  a  sinking-fund  for  the  pay- 
ment of  such  indebtedness.  Whenever  the  bonded  indebtedness 
of  any  disorganized  district  can  be  advantageously  compro- 
mised and  refunded,  the  officers  of  the  school  district  to  which 
such  disorganized  district  shall  be  attached,  or  has  heretofore 
been  attached,  or  into  which  it  has  been  merged,  shall  have  the 
power,  and  it  shall  be  their  duty,  to  issue  refunding  bonds  for 
such  purpose,  in  the  same  manner  and  under  the  same  restric- 
tions and  regulations  now  provided  by  law  for  the  refunding  of 
other  school-district  bonds.  (Laws  1905,  ch.  383,  sec.  1.) 


Ch.  2] 


BUSINESS   COLLEGES. 


25 


CHAPTER  II. — BUSINESS  COLLEGES. 


§40.    Permit  to  canvass. 

41.  Revocation    of    permit    to   canvass. 

42.  Permit  to  be  shown  by  agent. 


§43.    Penalty     for     canvassing     without     a 

permit. 
44.    Notes  or  contracts,  void,  when. 


SECTION  40.  Permit  to  Canvass.  [7757.]  That  it 
shall  be  unlawful  for  any  representative  or  any  agent 
of  any  business  college,  or  commercial  department  of  any  other 
school,  to  canvass  in  the  state  of  Kansas  for  the  purpose  of 
selling  tuition  in  advance,  or  to  contract,  or  to  secure  their  note 
for  any  tuition  before  the  registration  of  said  student  in  the 
college  register  at  the  college,  without  the  school  first  making 
application  to  the  state  superintendent  of  public  instruction 
and  receiving  from  him  a  written  permit,  granting  such  school 
this  privilege.  The  state  superintendent  of  public  instruction, 
upon  receipt  of  said  application,  shall,  before  granting  such  a 
permit,  publish  a  notice  of  said  application  in  the  official  state 
paper  for  a  term  of  thirty  days,  at  the  end  of  which  time  he 
shall  grant  the  school  making  application  such  permit;  pro- 
viding, however,  that  satisfactory  proof  has  not  come  to  his 
knowledge,  after  a  diligent  inquiry,  that  said  school  or  busi- 
ness college  or  commercial  department  is  incompetent  to 
furnish  such  a  course  of  instruction  as  it  advertises,  or  that 
the  moral  surroundings  of  the  institution  are  not  good,  or 
that  the  premises  are  kept  in  an  unhealthy  condition,  or  that 
the  agents  of  said  institution  use  misrepresentations  or  fraud- 
ulent methods  in  securing  contracts,  notes  or  cash  from  pro- 
spective students,  and  in  either  of  these  cases  he  shall  refuse  to 
grant  them  a  permit.  (Laws  1909,  ch.  204,  sec.  1.) 

SEC.  41.  Revocation  of  Permit  to  Canvass.  [7758.]  After 
having  granted  any  business  college,  commercial  school,  or 
commercial  department  of  any  other  school  a  permit  to  can- 
vass, and  such  school  shall  violate  any  of  the  conditions  re- 
quired to  secure  a  permit,  then  the  state  superintendent  of 
public  instruction  shall  revoke  the  permit  and  shall  not  reissue 
a  permit  to  that  school  until  he  is  satisfied  that  they  will  com- 
ply with  the  foregoing  requirements.  (Laws  1909,  ch.  204, 
sec.  2.) 

SEC.  42.  Permit  to  be  Shown  by  Agent.  [7759.]  Any 
agent  or  representative  of  any  such  school  doing  business 
within  the  state,  or  without  the  state,  when  operating  within 
the  state  of  Kansas,  shall,  upon  request  of  any  person,  show  a 
permit  or  certified  copy  thereof,  showing  that  the  school  he 
represents  has  permission  to  canvass  within  the  state.  (Laws 
1909,  ch.  204,  sec.  3.) 

SEC.  43.    Penalty  for  Canvassing  Without  a  Permit.    [7760.] 


26  BUSINESS  COLLEGES.  [Ch.  2 

Any  person  who  shall  violate  this  act  by  canvassing  for  stu- 
dents with  the  intention  of  selling  tuition  for  cash,  contract 
or  note  for  any  business  college,  commercial  school  or  any 
commercial  department  of  any  other  school  without  first  hav- 
ing this  permit  from  the  state  superintendent  of  public  in- 
struction, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than 
one  hundred  dollars  and  not  more  than  five  hundred  dollars,  or 
by  imprisonment  not  to  exceed  thirty  days,  or  by  both  such 
fine  and  imprisonment.  (Laws  1909,  ch.  204,  sec.  4,) 

SEC.  44.  Notes  or  Contracts  Void,  When.  [7761.]  Any 
note  or  contract  taken  by  any  such  business  college  or  the  com- 
mercial department  of  any  other  school,  or  their  agents  or 
representatives,  for  tuition  without  first  having  complied  with 
the  provisions  of  this  act  shall  be  void.  (Laws  1909,  ch.  204, 
sec.  5.) 


Ch.  3] 


CERTIFICATES — STATE. 


27 


CHAPTER  III.— CERTIFICATES. 

ARTICLE  I.— STATE  CERTIFICATES. 


§45.    State   Board  of   Education. 

46.  Meetings  and  powers  of  state  board. 

47.  Additional   state  certificates. 

48.  Approval  of  course  of  study. 

49.  Examinations  ;   standard. 

50.  Certificate    issued. 

51.  Institutions    to    which    the    provisions 

may  extend. 

52.  State  certificate  issued  to  graduates  of 

certain  institutions. 

53.  Certificates     from     other     states     rec- 

ognized. 

54.  Certificates   void,   when. 

55.  Certificates   canceled,   when. 

56.  Renewal. 


§57.    Graduates  in  normal  courses. 

58.  Normal   School  certificates. 

59.  Certificates   renewable. 

Registered  and  signed  by  state  super- 

intendent. 

State  Normal  School  certificates. 
Registration     of    certificates    and     di- 

plomas. 
Duty    of    county    superintendents    and 

clerks  of  boards  of  education. 
Unlawful  to  pay  salary. 
No   fees. 
Registration    reported   to   state   super- 

intendent. 
Does  not  revive  lapsed  certificate. 


60. 

61. 
62. 

63. 

64. 
65. 
66. 

67. 


SECTION  45.  State  Board  of  Education.  [7496.]  There  shall 
be  a  State  Board  of  Education,  consisting  of  the  state  su- 
perintendent of  public  instruction,  the  chancellor  of  the  State 
University,  the  president  of  the  State  Agricultural  College,  the 
president  of  the  State  Normal  School,  and  three  others  to  be 
appointed  by  the  governor  by  and  with  the  consent  and  advice 
of  the  senate,  selected  from  among  those  engaged  in  school 
work  in  the  schools  of  the  state.  The  three  thus  appointed  by 
the  governor  shall  hold  their  office  for  a  term  of  two  years,  or 
until  their  successors  are  duly  appointed  and  qualified.  The 
State  Board  of  Education  thus  constituted  are  hereby  author- 
ized and  empowered  to  issue  state  diplomas11  to  such  profes- 
sional teachers  as  may  be  found,  upon  critical  examination,  to 
possess  the  requisite  scholarship  and  culture  and  who  may  also 
exhibit  satisfactory  evidence  of  unexceptionable  moral  char- 
acter and  of  eminent  professional  experience  and  ability,  and 
who  have  taught  for  two  years  in  the  state.  All  such  diplomas 
shall  be  countersigned  by  the  state  superintendent  of  public  in- 
struction, and  shall  supersede  the  necessity  of  any  and  all  other 
examinations  of  the  persons  holding  the  same  by  county,  city 
or  local  boards  of  examiners,  and  such  diplomas  shall  be  valid 
in  any  county,  city,  town  or  school  district  in  the  state  during 
the  lifetime  of  the  holder,  unless  revoked  by  the  State  Board  of 
Education.  (Laws  1893,  ch.  132,  sec.  1.) 

SEC.  46.  Meetings  and  Powers  of  Board.  [7498.]  That  sec- 
tion 6214  of  the  General  Statutes  of  1901  be  amended  to  read 
as  follows :  The  State  Board  of  Education  shall  meet  at  such 
times  and  places  as  by  them  may  be  deemed  necessary  and 
transact  such  business  as  may  legally  come  before  them,  and 
examine  all  applicants  who  may  present  themselves  for  such 
examination ;  and,  if  satisfied  with  the  scholarship,  culture  and 

11.    A  state  diploma  differs  from  a  life  certificate  in  branches  and  ex- 


28  CERTIFICATES — STATE.  [Ch.  3 

moral  character  of  the  applicant,  and  with  his  professional  at- 
tainments and  experience,  said  board  shall  issue  a  state  diploma 
or  certificate,  as  the  case  may  be,  in  accordance  with  such  ex- 
amination and  the  provisions  of  the  law.  The  state  board  shall 
prescribe  a  course  of  study  for  the  normal  institutes  and  for  the 
public  schools  of  the  state,  and  shall  revise  the  same  when  the 
interests  of  the  schools  require  it ;  provided,  that  the  course  of 
study  for  elementary  schools  shall  include  all  studies  required 
by  chapter  43512  of  the  Session  Laws  of  1903  and  section 
623513  of  the  General  Statutes  of  1901.  The  auditor  of  state  is 
hereby  authorized  to  issue  warrants  upon  the  state  treasurer 
against  any  funds  not  otherwise  appropriated  for  the  actual 
expenses  of  the  members  of  said  Board  of  Education  incurred 
in  attending  the  meetings  or  examinations  provided  for  in  this 
act,  except  for  the  examinations  as  specified  in  section  8  of  this 
act;  provided,  in  each  case,  that  said  warrant  shall  issue  only 
upon  the  statement  verified  by  affidavit  of  the  member  sub- 
mitting such  account,  and  approved  by  the  secretary  of  said 
Board  of  Education ;  provided,  also,  that  the  sum  total  of  said 
expenses  of  the  board  shall  not  exceed  $300  per  annum.  (Laws 
1905,  ch.  387,  sec.  1.) 

SEC.  47.  Additional  State  Certificates.  [7497.]  The  State 
Board  of  Education  are  furthermore  authorized  and  empow- 
ered to  issue  state  certificates  of  high  qualifications  to  such 
teachers  as  may  be  found,  upon  examination,  to  possess  the 
requisite  scholarship,  and  who  may  also  exhibit  satisfactory 
evidence  of  good  moral  character,  and  ability  to  teach,  and 
skill  to  govern  and  control  children.  The  certificates  issued 
by  the  State  Board  of  Education  may  be  of  two  grades — one 
for  three  years  and  one  for  five  years ;  and  all  certificates  is- 
sued by  said  board  shall  be  countersigned  by  the  state  super- 
intendent of  public  instruction,  and  such  state  certificate  shall 
supersede  the  necessity  of  all  other  examinations  of  the  per- 
sons holding  them  by  county  or  local  boards  of  examiners; 
and  such  certificates  shall  be  valid  in  any  county,  city,  town, 
or  school  district  in  the  state  for  the  term  of  three  or  five 
years14  (as  therein  set  forth),  unless  sooner  revoked  by  said 
State  Board  of  Education.  (Laws  1876,  ch.  122,  art.  6,  sec.  8.) 

SEC.  48.    Approval  of  Course  of  Study.    [Laws  1911,  ch. 

L6,  sec.  l.J  That  section  7499,  Gen.  Statutes  of  1909,  be 
amended  to  read  as  follows :  Sec.  7499.  Upon  application  of 
any  college  or  university,  or  educational  institution  of  like 
standing,  incorporated  under  the  general  laws  of  the  state  of 
Kansas,  and  requiring  a  four-year  high-school  course  or  its 
equivalent,  approved  by  the  State  Board  of  Education,  as  a 

12.  Section  162  of  this  book. 

13.  Section  85  of  this  book. 

14.  These  certificates  are  not  renewable. 


Ch.  3]  CERTIFICATES — STATE.  29 

condition  of  admission  to  its  freshman  class,  the  State  Board 
of  Education  shall  have  the  power  to  examine  the  course  of 
study  prescribed  and  the  character  of  the  work  done  by  it, 
and  if  in  the  judgment  of  said  board  the  course  of  study  and 
the  character  of  the  work  done  shall  be  of  such  standing  as  to 
prepare  the  graduates  of  such  institution  to  teach  successfully 
in  the  public  schools  of  this  state,  and  if  said  institution  main- 
tains a  department  of  education  and  the  course  of  study  pre- 
scribed includes  work  in  said  department  satisfactory  to  the 
State  Board  of  Education,  the  board  shall  place  such  institu- 
tion on  the  accredited  list. 

SEC.  49.  Examinations;  Standard.  [Laws  1911,  ch.  276, 
sec.  2.]  That  sec.  7500  of  Gen.  Statutes  of  1909  be  amended 
to  read  as  follows :  Sec.  7500.  Any  institution  on  the  accred- 
ited list  shall  be  subject  to  examination  by  the  State  Board 
of  Education  at  its  pleasure  with  respect  to  its  course  of  study, 
its  equipment,  and  the  character  of  its  work;  and  additional 
requirements  may  be  made  at  the  pleasure  of  the  board.  Any 
institution  failing  to  maintain  a  standard  satisfactory  to  the 
State  Board  of  Education  shall  be  dropped  from  the  accredited 
list, 

SEC.  50.  Certificate  Issued.  [Laws  1911,  ch.  276,  sec.  3.] 
That  sec.  7501,  Gen.  Statutes  of  1909,  be  amended  to  read  as 
follows:  Sec.  7501.  To  all  persons  graduating  from  such  ap- 
proved courses  of  study  in  institutions  on  the  accredited  list 
the  State  Board  of  Education  shall  issue  a  three-year  state 
certificate,  and  at  the  expiration  of  said  certificate  said  board 
shall  issue  a  life  certificate  in  lieu  of  the  first  one  issued,  pro- 
vided the  holder  shall  have  taught  successfully  at  least  two 
years  out  of  the  three  and  has  kept  himself  informed  in  the 
general  literature  of  his  profession. 

SEC.  51.  Institutions  to  which  the  Provisions  May  Extend. 
[Laws  1911,  ch.  276,  sec.  4.]  That  sec.  7502  of  Gen.  Statutes 
of  1909  be  amended  so  as  to  read  as  follows :  Sec.  7502.  The 
provisions  of  sections  1,  2  and  3  of  this  act  shall  apply  to  the 
State  University  and  the  State  Agricultural  College,  and 
may,  at  the  discretion  of  the  State  Board  of  Education,  be 
extended  to  any  institution  in  any  of  the  United  States  which 
shall  satisfy  the  said  board  that  it  maintains  an  efficient  de- 
partment of  education  and  meets  the  other  requirements  for 
schools  on  the  accredited  list. 

SEC.  52.  State  Certificates,  Issued  to  Graduates  of  Certain 
Institutions.  [Laws  1911,  ch.  276,  sec.  5.]  That  sec.  7521  of 
Gen.  Statutes  of  1909  be  and  same  is  hereby  repealed.  Any 
graduate  of  the  school  of  arts  of  the  University  of  Kansas,  or 
of  any  university  or  college  incorporated  under  the  laws  of 
this  state  maintaining  a  department  of  education  and  re- 
quiring a  four-year  high-school  course  or  its  equivalent,  ap- 
proved by  the  State  Board  of  Education,  as  a  condition  of 


30  CERTIFICATES — STATE.  [Ch.  3 

admission  to  its  freshman  class,  and  maintaining  a  regular 
four-year  course  thereafter  for  graduation,  and  accredited  as 
such  by  the  State  Board  of  Education,  shall,  upon  presentation 
to  said  board  of  satisfactory  evidence  of  graduation  from  such 
accredited  course  of  study  in  said  university  or  college,  receive 
from  said  board  a  three-year  certificate  to  teach  in  the  public 
schools  of  this  state ;  provided,  that  the  course  of  study  com- 
pleted by  such  graduate  of  the  above-described  institutions 
shall  have  included  such  work  in  the  department  of  education 
as  shall  be  satisfactory  to  the  State  Board  of  Education. 

SEC.  53.  Certificates  from  Other  States  Recognized.  [7506.] 
When  the  State  Board  of  Education  is  satisfied  that  any  resi- 
dent of  this  state,  holding  a  state  certificate  issued  by  any 
other  state  in  the  United  States,  secured  the  same  by  pass- 
ing an  examination  equivalent  to  that  given  by  said  board, 
it  may  issue  to  said  person  the  certificate  as  provided  for  in 
section  3  of  this  act,  without  further  examination.  (Laws 
1893,  ch.  132,  sec.  10.) 

SEC.  54.  Certificates  Void,  When.  [7507.]  All  life  certifi- 
cates issued  by  the  State  Board  of  Education  or  by  the  re- 
gents of  the  State  Normal  School  shall  be  void  if  the  holder 
of  the  same  should  not  be  engaged  in  school  work  for  three 
consecutive  years;  provided,  that  certificates  may  be  re- 
newed by  the  State  Board  of  Education.  (Laws  1893,  ch. 
132,  section  11.) 

SEC.  55.15  Certificates  Canceled,  When.  [7508.]  The  said 
State  Board  of  Education  is  empowered  to  cancel  any  state 
certificate  which  said  board,  on  satisfactory  proof,  finds  to  be 
held  by  a  person  of  immoral  character  or  otherwise  disquali- 
fied for  a  teacher.  (Laws  1893,  ch.  132,  sec.  12.) 

SEC.  56.  Renewal.  [7523.]  Any  person  holding  a  three- 
years  certificate  granted  in  accordance  with  the  provisions  of 
section  1  or  section  2  of  this  act  may,  at  any  time  within 
six  months 16  before  or  after  its  expiration,  apply  to  the  State 
Board  of  Education  for  a  life  certificate,  and  if  it  shall  appear 
to  the  said  State  Board  of  Education  that  the  applicant  is  of 
good  moral  character,  has  taught  successfully  not  less  than 
two  years  17  of  the  three,  and  has  kept  himself  well  informed 
in  the  general  literature 17  of  his  profession,  a  life  certificate 
shall  be  issued  to  said  applicant  by  said  Board  of  Education ; 
provided,  that  such  life  certificate  shall  be  void  if  the  holder 
thereof  is  out  of  the  teaching  profession  for  three  consecutive 

15.  See  section  84  of  this  book  for  additional  cause  for  revocation. 

16.  The  law  determines  the  limits  of  time  within  which  this  certificate 
may  be  renewed. 

17.  The  law  prescribes  the  requirements  for  renewal  of  this  certificate 
and  makes  the  State  Board  of  Education  the  judge  of  when  said  require- 
ments have  been  met. 


Ch.  3]  CERTIFICATES — STATE.  31 

years;  provided,  that  life  diplomas18  may  be  renewed  by  the 
State  Board  of  Education.  (Laws  1899,  ch.  179,  sec.  4.) 

SEC.  57.  Graduates  in  Normal  Courses.  [7522.]  The  State 
Agricultural  College  and  any  educational  institution  incor- 
porated under  the  laws  of  this  state,  and  accredited  by  the 
State  Board  of  Education  as  maintaining  a  course  of  study 
including  all  the  branches  19  prescribed  by  law  and  required 
by  said  State  Board  of  Education  for  securing  a  three-years 
certificate  to  teach  in  the  public  schools  of  the  state,  is  hereby 
authorized  to  grant  a  diploma — the  form  of  which  shall  be 
prescribed  by  the  State  Board  of  Education — to  any  person 
who  shall  complete  the  above-specified  course  of  study,  which 
diploma  shall  be  accepted  by  the  State  Board  of  Education  as 
authorization  for  granting  to  the  holder  of  such  diploma  a 
three-years  certificate  20  to  teach  in  the  public  schools  of  the 
state  of  Kansas;  provided,  said  person  shall  have  given  not 
less  than  twenty  weeks  to  practice .  teaching  under  the  pro- 
vision of  the  pedagogical  department  of  said  educational  in- 
stitution. (Laws  1899,  ch.  179,  sec.  3.) 

SEC.  58.  Normal  School  Certificates.  [8378.]  The  board 
of  regents  of  the  State  Normal  School  shall  have  power  to  fix 
for  the  State  Normal  School  and  its  auxiliaries  courses  of 
study,  preparatory  and  normal,  and  shall  fix,  in  addition  to  the 
two-years  course  as  now  provided  by  law,  a  course  of  not  less 
than  three  years  in  the  normal  department  of  each  of  the  auxil- 
iary schools,  in  such  manner  as  may  seem  to  them  economical 
and  effective  in  the  training  of  teachers ;  and,  in  so  doing,  they 
shall  not  be  limited  by  any  of  the  restrictions  heretofore  made 
as  to  subjects  of  [or]  the  length  of  courses;  and  before  issu- 
ing the  life  diploma  on  completion  of  the  full  course  of  instruc- 
tion in  the  State  Normal  School,  as  provided  by  law,  the  said 
board  of  regents  shall  issue  to  students  of  the  State  Normal 
School  and  its  auxiliaries  a  one-year  state  certificate  21  on  the 
completion  of  the  first  two-years  course  at  the  Normal  School 
or  its  auxiliaries,  as  heretofore,  and  shall  on  the  completion  of 
the  three-years  course  in  the  State  Normal  School  or  its 
auxiliaries  issue  a  diploma,  which  shall  be  a  certificate  valid  for 
teaching  in  the  public  schools  of  the  state  for  three  years.22 
(Laws  1905,  ch.  388,  sec.  1.) 

SEC.  59.  Certificates  Renewable.  [8379.]  Said  board  may 
provide  courses  of  study  for  the  State  Normal  School  and  its 

18.  "Diploma,"  as  here  used,  refers  to  the  life  certificate  mentioned  in 
this  section. 

19.  See  manual  of  the  State  Board  of  Education,  edition  1910,  page  14. 

20.  This  certificate  is  not  renewable. 

21.  These  certificates  are  not  renewable. 

22.  These  certificates  are  not  renewable. 


32  CERTIFICATES — STATE.  [Ch.  3 

auxiliaries  according  to  the  standard  set  for  accredited  schools 
under  the  certificate  law  of  1899,21  and  may  issue  to  graduates 
of  such  courses  the  three-years  state  certificate  entitling  such 
graduates  to  its  privileges,  including  renewal  by  the  State 
Board  of  Education,  as  provided  by  law.  And  said  board  of 
regents  of  the  State  Normal  School  shall  have  power  to  confer 
such  degrees  as  they  may  deem  proper ;  but  no  honorary  degree 
without  a  year  or  more  of  actual  enrollment  in  school  or  with- 
out corresponding  literary,  scientific  and  professional  attain- 
ments shall  ever  be  granted  by  the  State  Normal  School. 
(Laws  1905,  ch.  388,  sec.  2.) 

SEC.  60.  Registered  and  Signed  by  State  Superintendent. 
[8380.]  All  teachers'  certificates  and  all  diplomas  having  cer- 
tificate value  shall,  before  they  are  issued  by  this  board,  be 
presented  to  the  state  superintendent  of  public  instruction  for 
his  signature  and  for  registration  in  his  office.  (Laws  1905, 
ch.  388,  sec.  3.) 

SEC.  61.  State  Normal  School  Certificate.  [8343.]  As 
soon  as  any  person  has  attended  said  institution  twenty-two 
weeks,  said  person  may  be  examined  in  the  studies  required  by 
the  board,  in  such  manner  as  may  be  prescribed,  and  if  it  shall 
appear  that  said  person  possesses  the  learning  and  other 
qualifications  necessary  to  teach  a  good  common  school,  said 
person  shall  receive  a  certificate  to  that  effect  from  the  prin- 
cipal, to  be  approved  by  the  superintendent  of  public  instruc- 
tion; and  as  soon  as  any  person  shall  have  completed  the 
full  course  of  instruction  in  the  State  Normal  School,  he  or 
she  shall  receive  a  diploma,  which,  when  signed  by  the  presi- 
dent of  the  institution,  state  superintendent  of  public  instruc- 
tion, and  the  board  of  directors  of  said  school,  shall  be  evi- 
dence that  the  person  to  whom  such  diploma  is  granted  is  a 
graduate  of  the  State  Normal  School,  and  entitled  to  all  the 
honors  and  privileges  belonging  to  such  graduates ;  and  such 
diploma  shall  serve  as  a  legal  certificate  of  qualification  to 
teach  in  the  common  schools  of  this  state.  (Laws  1864,  ch. 
yy,  sec.  J_o._) 

SEC.  62.  Registration.  [7527.]  That  every  state  certifi- 
cate, state  diploma  or  any  other  document  issued  by  the  State 
Board  of  Education  as  a  teacher's  certificate,  and  every  Kan- 
sas State  Normal  School  diploma,  one-year  certificate  or  any 
other  document  issued  by  the  Kansas  State  Normal  School  as  a 
teacher  s  certificate,  must  be  registered  by  the  county  superin- 
tendent of  the  county,  or  with  the  clerk  of  the  board  of  educa- 
tion of  the  city  of  the  first  or  second  class,  in  which  the  holder 
contracts  to  teach.  Failure,  neglect  or  refusal  to  comply  with 
the  foregoing  provision  will  render  said  certificate,  diploma, 
Normal  School  diploma  or  other  document  void  as  a  teacher's 
certificate  in  such  county  or  city  of  the  first  and  second  class 


Ch.  3]  CERTIFICATES — STATE.  33 

until  such  registration  is  complied  with.  (Laws  1905,  ch.  394, 
sec.  1.) 

SEC.  63.  Duties  of  Certain  Officers.  [7528.]  It  shall  be 
the  duty  of  the  county  superintendent  or  clerk  of  the  board  of 
education  of  a  city  of  the  first  or  second  class  to  register  all 
such  certificates,  diplomas  or  other  documents  when  presented 
to  him  by  the  holder  thereof.  It  shall  be  the  duty  of  said  super- 
intendent or  clerk  to  provide  a  suitable  record  for  this  pur- 
pose ;  said  record  to  show  the  name  and  address  of  the  holder, 
kind  of  certificate,  diploma  or  other  document  held,  date  of 
issue  and  date  of  expiration,  if  issued  for  other  period  than 
the  life  of  the  holder.  It  shall  be  the  further  duty  of  the 
county  superintendent  or  clerk  of  the  board  of  education  to 
issue  to  such  holder  a  statement  of  the  kind  of  certificate,  di- 
ploma or  other  document  held,  giving  date  of  issue  and  date  of 
expiration  of  same.  (Laws  1905,  ch.  394,  sec.  2.) 

SEC.  64.  Unlawful  to  Pay  Salary,  When.  [7529.]  It  shall 
be  unlawful  for  any  district  board,  board  of  education  or 
board  of  trustees  of  any  county  high  school  to  issue  an  order 
for  payment  of  the  salary  for  services  as  teacher  of  any  holder 
of  said  certificate,  diploma  or  other  document  unless  said 
holder  presents  a  certificate  of  registration  as  provided  for  in 
section  2  of  this  act.  (Laws  1905,  ch.  394,  sec.  3.) 

SEC.  65.  No  Registration  Fee.  [7530.]  No  fee  shall  be 
charged  for  the  registration  required  by  this  act.  (Laws  1905, 
ch.  394,  sec.  4.) 

SEC.  66.  Report  to  State  Superintendent.  [7531.]  It  shall 
be  the  duty  of  the  county  superintendents  and  clerks  of  boards 
of  education  of  cities  of  the  first  and  second  class  to  report,  in 
October  and  March  of  each  year,  to  the  State  Board  of  Educa- 
tion all  certificates,  diplomas  or  other  documents  registered  in 
their  respective  counties  or  cities.  It  shall  be  the  duty  of  the 
state  superintendent  to  provide  necessary  blanks  for  this  re- 
port. (Laws  1905,  ch.  394,  sec.  5.) 

SEC.  67.  No  Revival.  [7532.]  No  provisions  of  this  act  shall 
be  construed  to  revive  a  state  certificate,  state  diploma  or  State 
Normal  School  diploma  which  has  lapsed  under  provisions  of 
section  622323  of  the  General  Statutes  of  1901,  nor  any  cer- 
tificate or  diploma  which  has  lapsed  by  expiration  of  time  for 
which  it  was  issued.  (Laws  1905,  ch.  394,  sec.  6.) 

23.    See  section  53  of  this  book. 

•  24.  The  board  interprets  the  law  as  requiring  that  institutions  asking 
to  be  accredited  must  establish  and  maintain  a  distinct  department  of 
pedagogy,  filled  by  a  teacher  of  eminent  educational  qualifications,  secured* 
through  long  experience  in  the  schoolroom  and  through  special  peda- 
gogical studies,  or  by  a  full  college  course  which  shall  have  included  the 
pedagogical  subjects  which  he  shall  be  required  to  teach. 

25.    Those  colleges  whose  courses  have  been  approved  are  required  to 
-2 


34  CERTIFICATES — STATE.  [Ch.  3 

have  a  minimum  of  100  volumes  of  standard  works  in  their  pedagogical 
libraries, 'and  the  State  Board  of  Education  reserves  the  right  to  raise 
this  minimum  requirement  from  time  to  time.  In  determining  this  mini- 
mum, duplicate  copies  will  not  be  counted. 

26.  The  board  will  recognize  summer  work  in  accredited  colleges  only 
when  such  work  is  done  in  a  regularly  organized  term  and  by  regular 
instructors ;  provided,  that  the  amount  of  credit  given  shall  not  be  greater 
than  the  amount  of  credit  given  for  an  equal  time  in  the  regular  school 
year. 

27.  The  texts  to  be  used  in  all  of  the  subjects  embraced  in  the  course 
are  to  be  those  approved  by  the  State  Board  of  Education,  or  those  gen- 
erally recognized  as  their  equivalent. 

28.  Permanent  records  of  the  work  of  each  student  are  to  be  kept, 
giving  a  full  history  of  his  entrance  and  course  until  graduation. 

29.  Institutions  asking  approval  of  their  normal  courses  under  the 
law  of  1899  must  maintain  a  course  equivalent  to  one  of  the  four-year 
courses  at  the  State  Normal  School,  including  twenty  weeks'  practice 
teaching,  under  the  head  of  the  pedagogical  department.     Practice  teach- 
ing referred  to  must  not  include  any  teaching  for  which  pay  is  received. 

30.  The  interpretation  by  the  board  of  the  term  "practice  teaching," 
as  contained  in  the  law  (Laws  of  1899,  chapter  179,  section  3),  is,  that  it 
means  actual  model-school  work  as  given  at  the  State  Normal  School, 
and  that  it  requires  the  establishment  of  model  schools,  connected  entirely 
with  the  institutions  approved. 

31.  Certificates  granted  to  graduates  of  normal  courses  of  accredited 
institutions  under  the  law  of  1899  are  not  renewable.    Not  less  than  two 
years  of  resident  work  in  an  accredited  college  will  be  approved  by  the 
board,  one  of  which  shall  be  in  the  college  granting  the  diploma. 

32.  Common-school  texts  in  college  subjects  do  not  meet  the  standard 
approved  by  the  board. 

33.  The  awarding  of  a  county  certificate,  or  any  other  act  within  the 
jurisdiction  of  the  county  board  of  examiners,  must  have  duly  received, 
in  the  lawful  course  of  business,  the  consent  of  at  least  two  members  of 
the  board,  in  order  to  be,  legally,  an  act  of  the  board.     County  certifi- 
cates can  be  legally  granted  only  by  the  board. 

A  county  certificate  cannot  be  lawfully  dated  back  beyond  the  time 
when  the  county  board,  in  the  lawful  course  of  business,  actually  awarded 
the  same. 

Although  the  county  board  may,  by  revocation  for  cause,  abridge,  they 
cannot  lawfully  extend  the  time  during  which  a  certificate  issued  by  them 

5  i  ]   be^n  fo^ce'  nor  renew  the  same  without  a  public  examination  of  the 

holder  thereof,  except  as  provided  by  law. 

,.-A  Public  examination  is  the  only  legal  basis  for  the  issuance  of  a  cer- 

;incate.  It  is  the  province  of  the  board  to  determine  the  standing  of  the 
applicant  in  every  study,  and  to  inquire  into  the  "competency"  of  the 
candidate  to  teach  and  govern  a  school  successfully 

I  is  proper  for  the  board  to  refuse  a  certificate  to  an  applicant  passing 
«tP^hCf^ry  exammat!°nbut  not  satisfying  the  board  as  to  his  ability  to 

teach  and  govern  a  school  successfully  " 


Ch.3] 


CERTIFICATES — COUNTY. 


35 


ARTICLE  II— COUNTY  CERTIFICATES. 


$68.  County  board  of  examiners,  how  con- 
stituted ;  qualifications  and  appoint- 
ment. 

69.  Public   examinations ;   notice  of  same. 

70.  Examinations    in    other    counties    and 

at  state  schools. 

71.  Special   examinations. 

72.  Fees   for  certain   examinations. 

73.  Uniform    examinations. 

74.  State     superintendent     shall     forward 

questions,  when. 

75.  Unlawful  use  of  examination  questions. 

76.  Penalty    for    unlawful    use    of    exami- 

nation questions. 


§77.    Examiners  exempt. 

78.  Grades  of  certificates. 

79.  Third     grade ;     second     grade ;     first 

grade. 

80.  Renewal     of     professional     and     first- 

grade  certificates. 

81.  Temporary  certificate. 

82.  Issued  on  examination. 

83.  County  certificates,   where  valid. 

84.  Revocation  ;  causes  for. 

85.  Examination    of    teachers    in    physiol- 

ogy and  hygiene. 

86.  Examinations    in    districts    employing 

ten  or  more  teachers. 


SECTION  68.  County  Board  of  Examiners.  [7485.]  In 
each  county  there  shall  be  a  board  of  county  examiners, 
composed  of  the  county  superintendent,  who  shall  be  ex  officio 
chairman  of  the  board,  and  two  competent  persons, 
holders  of  professional  certificates  or  first-grade  certifi- 
cates, or  of  state  certificates,  or  of  diplomas  from  the  state 
University,  the  State  Normal  School,  or  the  State  Agricul- 
tural College,  who  shall  be  appointed  by  the  county  commis- 
sioners on  the  nomination  of  the  county  superintendent,  and 
shall  serve  one  year  from  the  time  of  their  respective  ap- 
pointments, and  each  of  whom  shall  receive  for  his  services 
the  sum  of  three  dollars  per  day  for  not  to  exceed  twenty-four 
days  in  any  one  year.  (Laws  1905,  ch.  390,  sec.  1.) 

SEC.  69.  Public  Examinations.  [7486.]  The  board  of  county 
examiners,  two  of  whom  shall  constitute  a  quorum,  shall,  on 
the  last  Saturday  of  January  and  of  October,  and  on  Saturday 
of  the  last  week  of  the  county  normal  institute,  together  with 
the  Friday  preceding  each  such  Saturday,  only  at  such  places  as 
may  be  designated  by  the  chairman  (who  shall  give  ten  days' 
notice  of  each  examination),  publicly  examine  all  persons  pro- 
posing to  teach  in  the  common  schools  of  the  county  (cities  of 
the  first  and  second  class  excepted)  as  to  their  competency  to 
teach  the  branches  prescribed  by  law;  said  board  shall  open 
each  separate  package  of  questions  not  earlier  than  the  hour 
specified  thereon  by  the  state  superintendent,  and  shall  give 
the  candidates  the  questions  at  the  hour  specified  for  the  begin- 
ning of  the  examination  on  that  subject;  said  board  of  ex- 
aminers shall  issue  certificates,  as  by  law  provided,  to  all  such 
applicants  as  shall  pass  the  required  examination  and  satisfy 
the  board  as  to  their  good  moral  character  and  ability  to  teach 
and  govern  schools  successfully.  (Laws  1905,  ch.  391,  sec.  1.) 

SEC.  70.  Examinations  in  Other  Counties  and  at  State 
Schools.  [7487.]  Applicants  for  any  grade  of  county  certifi- 
cates for  any  county  of  the  state  may  write  in  the  examination 
given  in  any  other  county  of  the  state,  or,  if  students  at  the 
State  University,  State  Agricultural  College,  or  State  Normal 
School  or  either  of  its  auxiliaries,  at  an  examination  conducted 
by  the  presiding  officer  thereof,  on  the  questions  and  under 


36  CERTIFICATES  —  COUNTY.  [Ch.  3 

the  laws  and  regulations  for  the  county  examination  ;  and  the 
county  examining  board  of  any  county,  on  receiving  the  papers, 
.with  a  properly  signed  certificate  on  a  blank  to  be  provided  by 
the  state  superintendent,  together  with  one  dollar  for  the  in- 
stitute fund  for  each  applicant,  shall  issue  certificates  as  pro- 
vided in  case  of  regular  county  examinations.  (Laws  1905, 
ch.  391,  sec.  2.) 

SEC.  71.  Special  Examinations.  [7488.]  Each  county  su- 
perintendent may,  if  he  deems  it  necessary,  conduct  a  special 
examination  at  the  time  of  the  closing  of  normal  institutes  in 
some  other  county  or  counties  ;  provided,  that  the  examination 
conforms  to  the  laws  in  all  other  respects,  including  the  ques- 
tions prepared  for  that  examination,  and  it  shall  be  the  duty 
of  the  state  superintendent  to  furnish  these  questions,  if 
notified  by  the  county  superintendent  ten  days  before  the  date 
of  the  examination  that  he  has  accepted  fees  from  two  or 
more  candidates  for  that  examination.  (Laws  1905,  ch.  391, 
sec.  3.) 

SEC.  72.  Fees.  [7489.]  Each  candidate  for  the  examina- 
tion under  the  provisions  of  section  2  and  section  3  of  this  act 
shall  pay  a  fee  of  one  dollar  for  this  examination  if  taken  at  a 
state  educational  institution,  or  two  dollars  if  taken  before  a 
county  examining  board,  one  dollar  of  which  shall  go  into  the 
institute  fund  of  the  county  in  which  the  examination  is 
written.  (Laws  1905,  ch.  391,  sec.  4.) 

SEC.  73.  Uniform  System  of  Examinations.  [7517.]  That 
the  State  Board  of  Education  is  hereby  instructed  to  prepare 
a  series  of  questions  for  each  examination,  to  be  used  in  each 
county  of  the  state  of  Kansas  for  the  examination  of  teachers  ; 
and  the  state  superintendent  is  hereby  instructed  to  procure 
the  printing  of  the  same  and  distributing  to  the  superintend- 
ents of  the  several  counties  in  the  state,  as  hereinafter  pro- 
vided. (Laws  1885,  ch.  180,  sec.  1.) 

SEC/  74.  Questions  Shall  be  Forwarded.  [7518.]  The  state 
superintendent  shall  forward  all  questions  to  the  superin- 
tendents of  the  several  counties  in  the  state  of  Kansas  ;  pro- 
vided, that  said  questions  shall  be  forwarded  in  time  to  reach 
their  destination  at  east  two  days  before  required  for  use; 
and  provided  further,  that  said  questions  shall  not  be  opened 
except  in  the  presence  of  a  majority  of  the  examining  board 
on  the  day  and  hour  of  examinations.34  (Laws  1885,  ch.  180, 
sec.  £.  ) 

34.    See  section  69  of  this  book. 


*        162  and  85 


Ch.  3]  CERTIFICATES — COUNTY.  37 

SEC.  75.  Unlawful  Use  of  Examination  Questions.  [7754.] 
It  shall  be  unlawful  for  any  person  to  sell  or  offer  for  sale,  or 
buy  or  offer  to  buy,  or  to  distribute,  or  have  in  his  or  her  pos- 
session any  printed  or  written  examination  questions  pre- 
pared for  any  examination  to  be  held  for  the  purpose  of  test- 
ing the  qualifications  of  persons  desiring  to  be  admitted  to  the 
practice  of  any  of  the  professions  in  this  state  in  which  it  is 
required  that  such  persons  be  examined  as  to  their  qualifica- 
tions, or  any  printed  or  written  examination  questions  pre- 
pared for  teachers'  examinations  for  any  of  the  schools  of 
this  state,  or  of  any  printed  or  written  examination  questions 
prepared  for  the  final  examination  of  any  students  in  any  of 
the  higher  institutions  of  learning  of  this  state,  desiring  to 
graduate  from  said  institutions,  prior  to  the  time  of  the  hold- 
ing of  such  examination.  (Laws  1909,  ch.  208,  sec.  1.) 

SEC.  76.  Penalty  for  Unlawful  Use  of  Examination  Ques- 
tions. [7755.]  Any  person  selling  or  offering  to  sell,  buying 
or  offering  to  buy,  distributing  or  having  in  his  or  her  pos- 
session any  such  examination  questions,  contrary  to  the  pro- 
visions of  section  1  of  this  act,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  a 
sum  not  less  than  twenty-five  dollars  nor  more  than  one  hun- 
dred dollars,  or  imprisoned  in  the  county  jail  for  not  less  than 
ten  days  nor  more  than  six  months.  (Laws  1909,  ch.  208, 
sec.  2.) 

SEC.  77.  Examiners  Exempt.  [7756.]  The  provisions  of 
this  act  shall  not  be  construed  to  prevent  the  proper  officials 
or  instructors  whose  duty  it  is  to  conduct  the  said  examina- 
tion, referred  to  in  section  1  of  this  act,  from  haying  in  their 
possession  printed  or  written  copies  of  such  examination  ques- 
tions. (Laws  1907,  ch.  208,  sec.  1.) 

SEC.  78.  Grades  of  Certificates.  [Laws  1911,  ch.  277,  sec. 
1.]  That  section  1  and  section  2  of  chapter  341  of  the  Ses- 
sion Laws  of  1907,  and  section  5  and  section  6  of  chapter  424 
of  the  Session  Laws  of  1903  be  and  are  hereby  amended 
so  as  to  read  as  follows :  Certificates  issued  by  county  boards 
of  examiners  shall  be  of  three  grades,  namely,  third  grade, 
second  grade  and  first  grade,  and  shall  continue  in  force  in  the 

tificates  in  section  79  of  this  book,  nor  the  granting  of  any  privileges 
pertaining  to  the  examination  as  a  reward  for  attending  normal  institutes. 
Certificate  in  Case  rf  Joint  District.  In  the  case  of  a  joint  district,  the 
certificate  must  b^  issued  by  the  board  of  examiners  of  the  county  in 
which  the  largeet  amount  of  territory  is  found. 

36.  This  experience  need  not  have  been  had  in  Kansas,  nor  in  the  pub- 
lic school? ,  but  must  be  shown  to  the  satisfaction  of  the  board  of  ex- 
aminers. 

37.  A  first-grade  certifies  e  may  be  indorsed  in  another  county  and 
thereafter  may  be  renewed  ir.  that  county. 


38  CERTIFICATES — COUNTY.  [Ch.  3 

order  named  for  the  respective  periods  of  one  year,  two  years 
and  three  years. 

SEC.  79.  Third  Grade;  Second  Grade;  First  Grade.  [Laws 
1911,  ch.  277,  sec.  2.]  Certificates  of  the  third  grade39  may 
be  issued  to  persons  of  not  less  than  eighteen  years  of  age  on 
passing  a  satisfactory  examination;  provided,  that  not  more 
than  two  third-grade  certificates  may  be  issued  to  the  same 
individual  if  the  applicant  has  taught  three  months ;  provided 
further,  that  each  applicant  for  a  third-grade  certificate  shall 
give  satisfactory  evidence  of  good  moral  character,  and  shall 
by  a  written  examination  secure  an  average  grade  of  seventy- 
five  per  cent,  with  no  grade  below  sixty  per  cent,  in  the  fol- 
lowing branches:  orthography,  reading,  writing,  English 
grammar  and  composition,  geography,  arithmetic,  United 
States  history,  including  Kansas  history,  civil  government, 
physiology  and  hygiene,  elements  of  agriculture,  the  principles 
and  methods  of  teaching,  and  such  other  branches  as  the  State 
Board  of  Education  may  prescribe.  Certificates  of  the  second 
grade38  may  be  issued  to  persons  of  not  less  than  eighteen 
years  of  age  who  have  taught  successfully  not  less  than  three 
school  months  and  who  shall  give  satisfactory  evidence  of 
good  moral  character,  and  who  shall  by  a  written  examination 
secure  an  average  grade  of  eighty  per  cent,  with  no  grade  below 
sixty  per  cent,  in  all  the  branches  required  for  a  third-grade 
certificate,  and  in  such  other  branches  as  the  State  Board  of 
Education  may  prescribe.  Certificates  of  the  first  grade  may 
be  issued  to  persons  of  not  less  than  twenty  years  of  age,  who 
shall  have  taught  successfully  for  not  less  than  twelve  school 
months,  who  shall  give  satisfactory  evidence  of  good  moral 
character,  and  who  shall  fully  satisfy  the  board  of  examiners 
of  their  ability  to  teach  all  the  branches  required  for  a  second- 
grade  certificate,  and  such  other  branches  as  the  State  Board 
of  Education  may  prescribe;  provided,  that  by  a  written  ex- 
amination applicants  shall  secure  an  average  grade  of  ninety 
per  cent,  with  no  grade  below  seventy-five  per  cent  in  any  one 
branch;  provided  further,  that  any  person  holding  a  second- 
grade  certificate  may  retain  for  two  years  any  grade  of  ninety 
per  cent  or  more,  secured  at  not  to  exceed  four  regular  county 
teachers'  examinations,  and  such  grade  shall  be  applied  toward 
meeting  the  requirement  for  a  first-grade  certificate,  but  no 
grade  received  prior  to  the  issuance  of  such  second-grade  cer- 
tificate shall  be  so  applied;  and  provided  further,  that  a  first- 
grade  certificate  may  be  renewed  at  its  expiration  upon  the 
payment  of  a  fee  of  one  dollar  if  it  is  shown  that  the  holder 

i  attended  at  least  ninety  per  cent  of  the  time  of  at  least 
one  normal  institute,  or  has  had  six  weeks'  professional  train- 

39.    See  section  83  of  this  book  for  validity  in  other  counties. 
38.    See  section  83  of  this  book  for  validity  in  other  counties. 


Ch.  3]  CERTIFICATES — COUNTY.  39 

ing  in  some  approved  school,  during  the  period  for  which 
the  certificate  has  been  issued ;  and  provided  further,  that  the 
applicant  shall  have  performed  such  professional  work  as  the 
State  Board  of  Education  or  county  superintendent  shall 
direct,  and  shall  not  have  remained  out  of  school  work  longer 
than  two  consecutive  years. 

SEC.  80.  Renewal  of  Professional  and  First-grade  Certifi- 
cates. [Laws  1911,  ch.  277,  sec.  3.]  All  professional  certifi- 
cates in  force  at  the  time  of  the  passage  of  this  act  shall  at 
their  expiration  be  renewed  by  the  issuance  of  first-grade  cer- 
tificates, and  no  professional  certificates  shall  be  issued  after 
the  passage  of  this  act;  provided,  that  after  May  1,  1913,  no 
person  shall  be  granted  a  certificate  who  has  not  completed 
at  least  one  year  of  school  work  in  an  accredited  high  school 
or  its  equivalent,  and  after  May  1,  1915,  no  person  shall  be 
granted  a  certificate  who  has  not  completed  at  least  two  years 
of  high-school  work  or  its  equivalent,  and  after  May  1,  1917, 
no  person  shall  be  granted  a  certificate  who  has  not  completed 
four  years  of  high  school  or  its  equivalent;  provided  further, 
that  this  requirement  shall  net  apply  to  any  one  who  has  taught 
at  least  six  school  months  before  May  1,  1912;  and  provided 
further,  that  the  State  Board  of  Education  may  make  such 
temporary  modifications  of  the  requirements  of  this  section 
as  may  be  necessary  to  supply  the  schools  with  teachers. 

SEC.  81.  Temporary  Certificate.  [7534.]  That  the  county 
superintendent  of  any  county  in  this  state,  upon  request  made 
in  writing  by  such  district  board,  is  authorized  to  issue  tem- 
porary teachers'  certificates  to  any  person  not  under  eighteen 
years  of  age  applying  therefor,  when  in  the  judgment  of  such 
county  superintendent  the  applicant  is  a  person  of  good  moral 
character  and  possesses  the  necessary  qualifications  of  a 
teacher;  provided,  however,  that  such  applicant  make  affi- 
davit that  he  has  not  failed  in  the  last  preceding  examination 
for  teachers'  certificates  in  any  county  in  this  state ;  and  pro- 
vided further,  that  such  temporary  certificate,  when  issued, 
shall  not  be  effective  or  in  force  from  or  after  the  next 
quarterly  examination  for  teachers'  certificates  in  the  county 
wherein  same  was  issued.40  (Laws  1907,  ch.  342,  sec.  1.) 

SEC.  82.  Issued  on  Examination.  [7494.]  No  certificate 
shall  be  issued  by  any  county  board  or  county  superintendent 
except  upon  examination  as  provided  in  this  act;  provided, 
that  county  boards  may  renew  professional  certificates  from 
year  to  year,  as  provided  for  in  section  4  of  this  act.41  (Laws 
1903,  ch.  424,  sec.  7.) 

40.  At  the  expiration  of  a  temporary  certificate  another  temporary 
certificate  cannot  be  issued. 

41.  See  sections   79   and  80   of  this  book.     The  provisions   of  those 
sections  govern  where  they  are  in  conflict  with  section  82  of  this  book. 


40  CERTIFICATES — COUNTY.  [Ch.  3 

SEC.  83.  County  Certificates,  Where  Valid.  [7495.]  No  cer- 
tificate shall  be  of  force  except  in  the  county  in  which  it  is 
issued ;  provided,  that  the  county  superintendent  may  indorse42 
unexpired  professional  and  first-grade,  second-  and  third-grade 
certificates  issued  in  other  counties,  on  payment  of  the  usual 
fee  of  one  dollar,  which  certificate  shall  thereby  be  valid  in 
the  county  in  which  such  indorsement  is  made  for  the  unex- 
pired term  of  the  certificate.43  A  certificate  issued  under  this 
act  may  be  revoked  by  the  board  of  examiners  on  the  ground 
of  immorality  or  for  any  cause  that  would  have  justified  the 
withholding  thereof  when  the  same  was  granted.  (Laws  1905, 
ch.  393,  sec.  1.) 

SEC.  84.  Revocation;  Causes  For.  [7526.]  Any  certificate 
issued  by  the  State  Board  of  Education,  regents  of  the  State 
Normal  School,  county  board  of  examiners  or  city  board  of 
examiners  may  be  revoked  by  the  body  issuing  the  same  on 
the  grounds  of  immorality,  gross  neglect  of  duty,  annulling  of 
written  contracts  with  boards  of  education  and  district  boards 
without  the  consent  of  a  majority  of  the  board  which  is  a 
party  to  the  contract,  or  for  any  cause  that  would  have  justified 
the  withholding  thereof  when  the  same  was  granted.  (Laws 
1905,  ch.  392,  sec.  1.) 

SEC.  85.  Examination  of  Teachers  in  Physiology  and  Hy- 
giene. [7519.]  No  certificate  shall  be  granted  to  any  person 
to  teach  in  any  of  the  public  schools  of  this  state  after  the  1st 
day  of  January,  1886,  who  has  not  passed  a  satisfactory  ex- 
amination in  the  elements  of  physiology  and  hygiene,  with 
special  reference  to  the  effects  of  alcohol  stimulants  and  nar- 
cotics upon  the  human  system;  and  provision  shall  be  made 
by  the  proper  officers,  committees  and  boards  for  instructing 
all  pupils  in  each  public  school  supported  by  public  money  and 
under  state  control  upon  the  aforesaid  topics.  (Laws  1885,  ch. 
169,  sec.  1.) 

SEC.  86.  Examination  m  Districts  Employing  Ten  or  More 
Teachers.  [7533.]  That  in  any  common-school  district  em- 
ploying ten  or  more  teachers  therein,  the  school  board  may 
appoint  two  competent  persons,  who,  together  with  the  super- 
intendent of  the  school  of  such  district,  shall  constitute  an  ex- 
amining committee  of  such  school  board,  whose  duty  it  shall 
be  to  examine  all  persons  who  may  apply  to  them  as  teachers ; 
and  no  person  except  one  who  holds  a  diploma  or  a  certificate 
from  the  State  Board  of  Education  or  a  diploma  from  the  State 
Normal  School  shall  be  elected  by  such  board  as  a  teacher  who 

42  The  indorsement  of  any  county  certificate  is  optional  with  the 
county  superintendent. 

43  The  indorsement  of  a  certificate  by  a  county  superintendent  in  a 
county  other  than  the  one  in  which  it  was  issued  makes  it  a  legal  certifi- 

e-fin^-6  T,*ty  Where  indo.rsed  until  ^  expires  by  limit  of  date.  A 
specified  limitation  accompanying  the  indorsement  is  of  no  effect 


Ch.  3]  CERTIFICATES — COUNTY.  41 

cannot  produce  a  certificate  from  the  examining  committee, 
and  setting  forth  that  such  person  is  competent  to  teach  in 
such  department  of  said  school  as  may  be  stated  in  the  cer- 
tificate and  is  a  person  of  good  moral  character ;  and  provided, 
that  a  person  holding  such  state  diploma,  state  certificate  or 
State  Normal  School  certificate  or  a  certificate  granted  by  the 
aforesaid  examining  committee  shall  not  be  required  to  take 
any  county  teachers'  examinations.  (Laws  1907,  ch.  340, 
sec.  1.) 


42 


COMPULSORY  EDUCATION. 


[Ch.4 


CHAPTER  IV.— COMPULSORY  EDUCATION. 


§92.    Annual   school   census. 

93.  Deaf,    mute    and    blind    must    be   edu- 

cated. 

94.  Penalty. 

95.  Education   of   children   in   asylums. 


§87.    Who  must  attend   school;  liability  of 
parents  and  guardians. 

88.  Truant  officers  ;  appointment ;  duty. 

89.  Incorrigible  pupils. 

90.  Compensation   of  truant  officers. 

91.  Teachers  and  school  officers  to  report. 

SECTION  87.  Who  Must  Attend  Schools;  Liability  of  Parents 
and  Guardians.  [7736.]  Every  parent,  guardian  or  other  per- 
son in  the  state  of  Kansas  having  control  or  charge  of  any 
child  or  children  between  the  ages  of  eight  and  fifteen  years,44 
inclusive,  shall  be  required  to  send  such  child  or  children  to  a 
public  school,  or  a  private,  denominational  or  parochial  school45 
taught  by  a  competent45  instructor,  each  school  year,  for  such 
period  as  said  school  is  in  session;  provided,  that  any  child 
of  the  age  of  fourteen  years  or  more  who  is  able  to  read  and 
write  the  English  language,46  and  who  is  actively  and  regu- 
larly employed46  for  his  own  support  or  for  the  support  of 
those  dependent  upon  him,  shall  not  be  required  to  attend  the 
aforesaid  schools  for  a  longer  period  or  term  than  eight  con- 
secutive weeks  in  any  one  year;  provided,  that  any  and  all 
children  that  have  received  a  certificate  of  graduation  from 
the  common  schools  of  any  county  or  certificate  of  admission 
to  a  high  school  in  any  city  in  the  state  of  Kansas  shall  be 
exempt  from  the  provisions  of  this  act ;  provided,  that  the  chil- 
dren who  are  physically  or  mentally  incapacitated  for  the  work 
of  common  schools  are  exempt  from  the  provisions  of  this 
act,  but  the  school  authorities  shall  have  the  right,47  and  they 
are  hereby  authorized,  when  such  exemption  under  the  pro- 
visions of  this  act  is  claimed  by  any  parent,  guardian  or  other 
person  in  the  control  or  charge  of  such  child  or  children,  to 
cause  an  examination  of  such  child  or  children  by  a  physician 
or  physicians  employed  for  such  purpose  by  such  authorities,48 

44.  The  ages  are  from  the  time  the  child  becomes  eight  years  old 
until  it  becomes  fifteen  years  old. 

45.  The  parent  or  guardian  may  determine  the  particular  kind  of  a 
school  which  the  child  shall  attend.    Attendance  at  a  night  school  does  not 
afford  sufficient  time  to  become  a  substitute  for  attendance  upon  a  day 
school.    This  state  requires  that  instructors  in  such  schools  be  competent; 
a  teacher  may  be  competent  without  being  the  holder  of  a  teacher's  cer- 
tificate.   For  exclusion  on  account  of  a  contagious  disease,  see  section  166. 

46.  He  must  be  able  to  read  and  write  the  English  language,  and  also 
be  actively  and  regularly  employed  as  stated  in  the  law. 

47.  It  is  entirely  within  the  province  of  school  authorities  to  determine 
the  validity  of  the  claim  for  exemption. 

48.  The  school  boards  should  pay  the  expense  of  the  examination  by 
the  physician. 


Ch.   4]  COMPULSORY  EDUCATION.  43 

and  if  such  physician  or  physicians  hold  that  such  child  or  chil- 
dren are  capable  of  doing  the  work  in  the  common  schools, 
then  such  child  or  children  shall  not  be  exempt  from  the  pro- 
visions of  this  act.  (Laws  1903,  ch.  423,  sec.  1.) 

SEC.  88.  Truant  Officers;  Appointment;  Duty.  [7737.]  The 
county  superintendents  of  public  instruction  shall  divide  their 
respective  counties,  exclusive  of  all  cities  of  the  first  and  second 
class  therein,  into  not  less  than  one  nor  more  than  five  truant 
districts,  and  the  board  of  county  commissioners  shall,  upon 
the  nomination  of  the  county  superintendents  of  public  instruc- 
tion of  their  respective  counties,  appoint  a  truant  officer  for 
each  district  thus  created,  who  shall  hold  his  office  at  the  will 
of  the  county  superintendent  of  public  instruction;  and  the 
boards  of  education  of  all  cities  of  the  first  and  second  class, 
respectively,  shall,  independently  and  originally,  appoint  the 
truant  officers  or  officer  of  their  respective  cities,  to  serve  at 
the  pleasure  of  the  appointing  board.  Each  truant  officer,  in 
his  respective  district,  shall  see  that  the  provisions  of  this  act 
are  complied  with,49  and  when  from  personal  knowledge,  or 
by  report,  or  complaint  of  any  resident  or  teacher  of  the  dis- 
trict upder  his  supervision,  or  from  any  information,  he  be- 
lieves that  any  child  subject  to  the  provisions  of  this  act  is 
habitually  absent  from  any  school  which  it  should  or  has  been 
accustomed  to  attend,  or  has  been  assigned  to  attend  by  order 
of  the  directors  of  any  country  district,  or  by  the  classification, 
transfer,  or  order  of  the  board  of  education  or  superintendent 
of  schools  of  any  city  of  the  first  or  second  class,  for  a  period 
of  three  or  more  consecutive  days,  unless  excused  under  the 
provisions  of  section  1  of  this  act,  he  shall  immediately  give 
written  notice  50  to  the  parent,  guardian  or  other  person  having 
control  or  charge  of  such  child,  or,  in  the  absence  of  such  par- 
ent, guardian  or  other  person  having  control  or  charge  from 
his  or  her  usual  place  of  residence,  shall  leave  a  copy  of  such 
notice  with  some  person  over  twelve  years  of  age  residing  at 
the  said  usual  place  of  residence,  with  instructions  to  hand 
said  notice  to  said  parent,  guardian  or  other  person  having 
control  or  charge  of  such  child,  which  notice  shall  require  the 
attendance  of  said  child  at  said  school  within  five  days  from 
date  of  same;  and  if  within  five  days  from  the  date  of  said 
notice  such  parent,  guardian  or  other  person  having  control 
or  charge  of  such  child  does  not  comply  with  the  provisions 
of  this  act,  then  such  truant  officer  shall  make  complaint  in  the 
name  of  the  state  of  Kansas  against  such  parent,  guardian  or 
other  person  having  control  or  charge  of  such  child  in  the 

49.  The  truant  officer  appointed  by  the  county  commissioners  is  under 
the  direction  and  supervision  of  the  county  superintendent. 

50.  Formal  written  notice  is  required,  and  the  notice  is  final  for  the 
term.     Notice  by  registered  letter  where  delivery  is  prompt,  or  by  special 
delivery  where  it  can  be  used,  is  a  legal  notice  if  delivery  can  be  proved. 


44  COMPULSORY   EDUCATION.  [Ch.   4 

juvenile  court  or  other  court  of  competent  jurisdiction  of  such 
county,  which  court  is  hereby  clothed  with  jurisdiction  over  all 
offenders  and  proceedings  under  this  act,  with  full  power  to 
try  and  hear  all  complaints,  impose  fines,  enforce  their  col- 
lection by  distress  or  imprisonment,  and  to  fully  execute  the 
provisions  of  this  act.  It  shall  be  unlawful  for  any  merchant, 
company,  or  other  party,  without  the  written  permit  of  the 
board  of  directors  of  any  country  district,  or  of  the  board  of 
education  of  any  city  of  the  first  or  second  class,  to  employ  any 
child  therein,  between  the  ages  of  eight  and  fifteen  years,  dur- 
ing the  sessions  of  the  school  term  or  year,  unless  such  child  is 
exempt  from  attendance  under  the  provisions  of  section  1 ; 
provided,  that  the  board  of  directors  of  any  country  district  or 
the  board  of  education  of  any  city  of  the  first  or  second  class 
shall  have  authority,  in  the  exercise  of  a  sound  discretion,  to 
permit  temporary  absences  of  children  from  school,  between 
the  ages  of  eight  and  fourteen  years,  in  extreme  cases  of 
emergency  or  domestic  necessity.  Any  parent,  guardian  or 
other  person  having  control  or  charge  of  such  child  delinquent 
in  school  attendance,  and  any  merchant,  company  or  other 
party  unlawfully  employing  such  child,  upon  conviction  of  the 
violation  of  any  provision  of  this  act,  or  of  the  act  of  which 
this  is  amendatory,  shall  be  adjudged  guilty  of  a  misdemeanor, 
and  shall  be  fined  in  a  sum  not  less  than  five  dollars  nor  more 
than  twenty-five  dollars  for  each  offense,  and  be  committed  to 
the  county  jail  till  same  is  paid;  all  fines  collected  shall  be  paid 
into  the  county  treasury  for  the  support  of  the  common  schools. 
It  shall  be  the  duty  of  all  county  attorneys,  for  country  dis- 
tricts, in  their  respective  counties,  and  of  all  city  attorneys,  in 
their  respective  cities,  to  prosecute  all  complaints  filed  and 
actions  brought  under  this  act  or  under  the  provisions  of  the 
act  of  which  this  is  amendatory.  (Laws  1907,  ch.  817,  sec.  1.) 
SEC.  89.  Incorrigible  Pupils.  [7738.]  In  case  any  pupil  be- 
comes an  habitual  truant,  or  becomes  a  menace  to  the  best  in- 
terests of  the  school  which  he  is  attending,51  then  it  shall  be  the 
duty  of  the  truant  officer  to  report  said  facts  and  conditions  to 
the  parents  or  guardian  of  said  child.  The  parent  shall  be  held 
liable  under  the  provisions  of  this  act  for  the  regular  attend- 
ance and  good  conduct  of  said  child,  unless  said  parent  or  guar- 
dian shall  state  in  writing  to  said  truant  officer  that  said  child 
is  beyond  the  control  of  said  parent  or  guardian.  Then  it 
shall  be  the  duty  of  the  truant, officer  to  proceed  against  said 
pupil  under  the  provisions  of  the  law  governing  juvenile  dis- 
orderly persons.  Cities  of  the  first  and  second  class  will  each 
constitute  a  separate  district  for  the  administration  of  this 
act,  and  the  truant  officer  or  officers  of  such  cities  shall  be  ap- 
pointed by  the  respective  boards  of  education  of  said  cities; 

51.  Repeated  and  willful  disobedience  of  the  rules  of  school  is  a  menace 
to  the  best  interests  of  the  school. 


Ch.   4]  COMPULSORY  EDUCATION.  45 

provided,  that  there  shall  be  in  such  cities  but  one  truant  of- 
ficer for  each  10,000  children,  according  to  the  school  enumera- 
tion; provided  further,  that  no  city  shall  have  more  than  five 
truant  officers.  The  truant  officers52  of  cities  shall  enforce 
the  provisions  of  this  act  in  the  manner  and  under  such  penal- 
ties as  are  prescribed  by  section  253  of  this  act.  (Laws  1903, 
ch.  423,  sec.  3.) 

SEC.  90.  Compensation  of  Truant  Officers.  [7739.]  The 
truant  officers  provided  for  in  this  act  who  are  appointed  by 
the  board  of  county  commissioners  shall  receive  from  the 
county  treasury  two  dollars  for  each  day  for  actual  service.54 
The  truant  officers  provided  for  in  this  act  who  are  appointed 
by  the  board  of  education  of  any  city  of  the  first  or  second 
class  shall  receive  from  the  treasury  of  such  board  of  edu- 
cation two  dollars  for  each  day  for  actual  service.  Such 
truant  officers  shall  be  paid  by  the  respective  counties55  or 
board  of  education  in  the  same  manner  as  other  employees 
are  paid;  provided,  that  no  warrant  shall  be  issued  either  on 
the  county  treasurer  or  the  treasurer  of  the  board  of  education 
for  such  services  until  the  truant  officer  shall  have  filed  an 
itemized  statement  of  the  time  employe^  in  such  service,  and 
such  statement  shall  have  been  certified  to  by  the  county  su- 
perintendent of  public  instruction  or  by  the  clerk  of  the  board 
of  education  in  the  city  in  which  such  truant  officer  is  em- 
ployed; provided  further,  that  no  truant  officer  shall  receive 
pay  for  more  days'  service  during  any  one  year  than  the  num- 
ber of  days  the  school  is  in  session  that  year.  (Laws  1903,  ch. 
423,  sec.  4.) 

SEC.  91.  Teachers  and  School  Officers  to  Report.  [7740.] 
All  school  officers  are  hereby  required  to  make  and  furnish  all 
reports  that  may  be  required  by  the  county  superintendent  of 
public  instruction  or  by  the  board  of  education  of  any  city  of 
the  first  and  second  class  with  reference  to  the  workings  of 
this  act.  Every  teacher  employed  in  the  public  schools  in 
the  state  of  Kansas  is  hereby  required,  before  receiving  each 
month's  salary,  to  make  a  report  to  the  county  superintendent 
of  public  instruction  or  to  the  superintendent  of  the  city  in 
which  he  may  be  employed,  showing  the  names  and  addresses 

52.  Truant  officers  of  cities  of  the  first  and  second  class  are  under  the 
supervision  of  their  respective  boards  of  education  or  the  city  superin- 
tendent, who  is  the  board's  executive  officer. 

53.  Section  88  of  this  book. 

54.  The  truant  officer  may  be  appointed  probation  officer  of  the  juvenile 
court,  as  provided  in  section  309. 

55.  When  the   county   superintendent  has   approved   the   bill   of  the 
truant  officer,  the  county  commissioners  (or  auditor)  of  the  county  have 
no  option  but  to  order  payment  of  same.     Truant  officers  are  not  entitled 
to  pay  for  traveling  expenses.     They  are  entitled  to  pay  for  a  reasonable 


46  COMPULSORY  EDUCATION.  [Ch.   4 

of  all  pupils  who  have  been  truant  or  habitually  absent  from 
school  during  the  previous  month,  and  stating  reasons  for 
such  truancy  or  habitual  absence  in  each  case,  if  known.  All 
such  cases  of  truancy  so  reported  shall  be  brought  to  the  notice 
of  the  proper  truant  officer  by  the  county  superintendent  of 
public  instruction  or-by  the  superintendent  of  the  city  by  which 
he  is  employed.  (Laws  1903,  ch.  423,  sec.  5.) 

SEC.  92.  Annual  School  Census.  [7741.]  In  order  that  the 
provisions  of  this  act  may  be  more  definitely  enforced,  it  is 
hereby  provided  that  the  enumerators56  of  school  children,  in 
taking  their  annual  school  census,  shall  ascertain  and  record 
the  name,  place57  and  date  of  birth  of  every  child  enumerated, 
and  the  parent,  guardian  or  persons  having  charge  or  control 
of  such  child  shall  subscribe  and  take  path  or  affirmation  that 
such  record  is  true.  The  enumerator  is  hereby  empowered  to 
administer  such  oath  or  affirmation ;  and  any  parent,  guardian 
or  person  having  charge  or  control  of  any  child  who  shall  re- 
fuse to  take  such  oath  or  affirmation  shall  be  adjudged  guilty 
of  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
in  any  sum  not  less  than  one  nor  more  than  ten  dollars.  (Laws. 
1903,  ch.  423,  sec.  6.) 

SEC.  93.  Deaf ',  Mute,  and  Blind;  Education  Required.  [7742.] 
That  every  parent,  guardian,  company,  corporation,  associa- 
tion, person  or  persons  within  the  state  of  Kansas  having  con- 
trol or  charge  of  any  deaf,  dumb  or  blind  child  or  person 
between  the  ages  of  seven  and  twenty-one  years,  inclusive, 
shall  be  required  to  send  such  child  or  person  to  some  suitable 
school  where  deaf  and  blind  are  taught  and  educated.  The 
instruction  given  the  deaf  shall  be  conducted  either  orally  or 
by  sign  method,  or  both,  for  a  period  of  at  least  five  months  in 
each  year;  provided,  that  this  will  not  apply  to  such  child  or 
person  where  skilled  private  instruction  is  given  for  the  same 
length  of  time  each  year.  It  shall  be  the  duty  of  the  truant 
officer  provided  in  section  2,  Laws  of  1903,  to  enforce  the  pro- 
visions of  this  act,  the  same  as  provided  for  the  enforcement 
of  chapter  423,  Laws  of  1903.  (Laws  1905,  ch.  384,  sec.  1.) 

SEC.  94.  Penalty.  [7743.]  Any  parent,  guardian,  com- 
pany, corporation,  association,  member  of  any  company,  cor- 
poration, or  association,  person  or  persons  who  shall  violate 
any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  shall  be  adjudged  to 
pay  a  fine  in  any  sum  not  to  exceed  $100.  (Laws  1905,  ch. 
384,  sec.  2.) 

SEC.  95.  Education  of  Children  in  Asylums.  [5569.]  When- 
ever it  shall  be  necessary  and  practicable,  poor  children  of  the 

56.  In  all  districts  under  the  supervision  of  the  county  superintendent 
the  district  clerk  is  the  enumerator.  ' 

57.  Address  at  the  date  of  census. 


Ch.  4]  COMPULSORY  EDUCATION.  47 

asylums  who  cannot  be  bound  out,  or  whom  it  may  not  be 
expedient  to  bind  out,  shall  be  educated  thereat,  or  at  the 
schools  of  the  district  in  which  such  asylum  may  be  situated, 
or  in  some  adjacent  district,  and  the  board  of  county  commis- 
sioners of  any  such  county  may  arrange  with  such  school 
district  or  districts  for  the  education  of  such  children  and 
allow  a  reasonable  tuition  fee  therefor.  (Laws  1905,  ch.  385, 
sec.  1.) 


48 


CHILD   LABOR. 


[Ch.5 


CHAPTER  V.— CHILD  LABOR. 


§96.    Employment   of   children    under   four- 
teen. 

97.    Employment    of    childdren    under    six- 
teen. 


§98.    Certificate  of  age  required. 
99.    Duties  of  inspectors. 
100.    Penalty. 


SECTION  96.  Employment  of  Children  Under  Fourteen. 
[5094.]  No  child  under  fourteen  years  of  age  shall  be  at  any 
time  employed,  permitted  or  suffered  to  work  in,  or  in  con- 
nection with,  any  factory,  workshop  not  owned  or  operated  by 
the  parent  or  parents  of  the  said  child,  theater  or  packing- 
house, or  operating  elevators,  or  ,in  or  about  any  mine.  It 
shall  be  unlawful  for  any  person,  firm  or  corporation  to  em- 
ploy any  child  under  fourteen  years  of  age  in  any  business  or 
service  whatever  during  the  hours  in  which  the  public  school 
is  in  session  in  the  district  in  which  said  child  resides.  (Laws 
1909,  ch.  65,  sec.  1.) 

SEC.  97.  Employment  of  Children  Under  Sixteen.  [5095.] 
It  shall  be  unlawful  for  children  under  sixteen  years  of  age, 
who  are  employed  in  the  several  vocations  mentioned  in  this 
act,  or  in  the  distribution  or  transmission  of  merchandise  or 
messages,  to  be  employed  before  seven  o'clock  A.  M.  or  after 
six  o'clock  P.  M.,  or  more  than  eight  hours  in  any  one  calendar 
day,  or  more  than  forty-eight  hours  in  any  one  week.  No 
person  under  sixteen  years  of  age  shall  be  employed  at  any  oc- 
cupation nor  at  any  place  dangerous  or  injurious  to  life,  limb, 
health  or  morals.  (Laws  1909,  ch.  65,  sec.  2.) 

SEC.  98.  Certificate  of  Age  Required.  [5096.]  All  persons, 
firms  or  corporations  employing  children  in  any  of  the  vocations 
mentioned  in  this  act  under  sixteen  years  of  age  shall  be  required 
to  first  obtain  a  certificate  of  the  age  of  such  children,  based 
upon  the  school  census  records,  the  same  to  be  secured  where 
possible  from  the  school  superintendent,  principal  or  teacher 
of  the  school  or  other  person  authorized  by  the  school  board 
to  have  charge  of  the  school  census  records  in  the  district  or 
city  wherein  such  children  reside.  Said  certificate  shall  be 
issued  without  charge,  and  shall  be  substantially  in  the  follow- 
form: 

,  Kan., 


mu-  -L-.C       it.  city  county  date 

1  his  certifies  that ,  according  to  the  records  of  the 

full  name 

school  census  and  from  all  knowledge  that  I  can  obtain,  was  born 

day 

;,•••'   '  at   >  in   county,  state  of 

THOTlt/l  y€QT 

...... .,  and  is  now years  and month.  .  of  age.     His 

(or  her)  height  is f  weight  . . . 

tall— short— medium  heavy— light— medium 


Ch.  5]                                          CHILD  LABOR.  49 

complexion ,  hair ,  eyes ,  and  he  resides  at 

fair  or  dark  color  color 

No ,   street.  ( Signature)    

of   school  or  district  No 

official  school  position  name  of  school 

When  said  child's  name  and  age  does  not  appear  on  the 
school  census  enumeration  of  said  city  or  district,  then  said 
firm,  person  or  corporation  employing  such  child  shall  secure 
an  affidavit  from  the  parent  or  legal  guardian  of  such  child, 
which  statement  shall  contain  the  facts  and  data  as  set  forth 
in  the  above  certificate,  and  shall  be  certified  on  oath  before 
some  officer  authorized  to  administer  paths.  Such  certificate 
or  affidavit  shall  be  sufficient  protection  to  the  employer  of 
any  child  as  to  the  age  of  such  child,  except  when  such  em- 
ployer has  actual  knowledge  of  the  falsity  of  such  certificate, 
and  all  such  certificates  shall  be  kept  constantly  on  file  in  a 
convenient  place,  and  shall  at  all  times  be  open  to  inspection 
of  the  proper  authorities,  as  provided  in  this  act.  (Laws  1909, 
ch.  65,  sec.  3.) 

SEC.  99.  Duties  of  Inspectors.  [5097.]  It  shall  be  the  duty 
of  the  state  factory  inspector,  state  inspector  of  mines  and 
their  deputies  to  inspect  the  certificates  hereinabove  provided 
for,  to  examine  children  employed  in  factories,  workshops, 
theaters,  elevators,  packing-houses  and  mines  and  the  voca- 
tions mentioned  in  section  2  of  this  act  as  to  their  age,  and  to 
file  complaints  in  any  court  of  competent  jurisdiction  to  en- 
force the  provisions  of  this  act,  and  it  shall  be  the  duty  of  the 
county  attorney  of  the  proper  county  to  appear  and  prosecute 
all  complaints  so  filed.  (Laws  1909,  ch.  65,  sec.  4.) 

SEC.  100.  Penalty.  [5098.]  Any  person,  firm  or  corpora- 
tion employing  any  person  or  child  in  violation  of  any  provi- 
sions of  this  act,  or  permitting  or  conniving  at  such  violation, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  in  a  sum  not  less  than  twenty-five  dollars 
nor  more  than  one  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  not  less  than  thirty  days  nor  more  than  ninety  days. 
(Laws  1909,  ch.  65,  sec.  5.) 


•50 


COUNTY   SUPERINTENDENT. 


[Ch.6 


CHAPTER  VI.— COUNTY  SUPERINTENDENT. 


:§101.    Qualification. 

102.  Term  of  office. 

103.  Official  oath  and  bond. 

.104.    General    duties ;    quarterly    report   to 
state    superintendent. 

105.  Apportionment   of   state   and    county 

school   funds. 

106.  Report    school-district    boundaries    lo 

county  clerk. 

107.  Shall  furnish  map  to  assessor. 
*  108.    Boundary   lines   reestablished. 

109.  Boundary  lines   reestablished  in  case 

of  error. 

110.  Annual     report     to     state     superin- 

tendent. 

111.  Compensation,  how  determined. 

112.  Salary   schedule. 

113.  Traveling    expenses. 

114.  Miscellaneous   expenses. 

115.  Vacancy    in    board    of    directors    of 

school  district,   how   filled. 

116.  Vacancy    in    office   of    county    super- 

intendent, how  filled. 

117.  Superintendent    shall    require    clerks' 

reports  to  be  made  promptly  and 
correctly. 

118.  Power  to   administer  oaths,   in  what 

cases. 

119.  Purchase   of    records   for    school   dis- 

tricts. 

120.  Duty  in  forming  and  changing  school 

districts. 


§121.    Aggrieved  persons. 

122.  Notice     of     forming     school     district 

and  of  first  meeting,  how  made. 

123.  Division    of   property. 

124.  Depopulated  school  district;  indebted- 

ness,  how  paid. 

125.  County  treasurer  shall  pay  orders. 

126.  Superintendent  may  disorganize. 

127.  When  district  shall  be  considered  de- 

populated. 

128.  Partially    depopulated    districts. 

129.  Partially   depopulated   districts;   defi- 

nition. 

130.  Petition. 

131.  County  superintendent  may  attach. 

132.  Floating   indebtedness. 

133.  Orders  paid   by  county  treasurer. 

134.  Disposition  of  funds. 

135.  Disposition  of  property. 

136.  Territory   not  liable. 

137.  Annexation   of   school   districts. 

138.  Division  of  districts  annexed. 

139.  Other  duties ;   delivery  of  records   of 

office. 

140.  Neglect  or  refusal  to  perform  duty ; 

prosecution  of  same. 

141.  Duty  as  agent  of  Orphans'  Home. 

142.  Unlawful  for  county  superintendents 

to  purchase  school  lands. 

143.  Trespassers  on  school  lands. 


SECTION  101.  'Qualification.  [7379.]  That  a  person  to  be 
eligible  to  the  office  of  county  superintendent  of  public  instruc- 
tion must  hold  a  professional  certificate,  first-grade  certificate, 
or  a  state  certificate,  or  be  a  graduate  of  an  accredited  college 
or  normal  school,  and  must  have  taught  at  least  eighteen 
months;  provided,  that  this  act  shall  not  apply  to  any  person 
now  holding  the  office  of  county  superintendent  or  to  any  per- 
son who  is  now  a  county  superintendent  elect.  (Laws  1907, 
ch.  167,  sec.  1.) 

SEC.  102.  Term  of  Office.  [7377.]  The  term  of  office  of  the 
county  superintendent  of  public  instruction  shall  begin  on 
the  second  Monday  of  May  of  each  odd  year,  beginning  with 
the  year  A.  D.  1901.  (Laws  1899,  ch.  244,  sec.  1.) 

SEC.  103.  Oath  and  Bond.  [7380.]  The  county  superin- 
tendent of  public  instruction  shall,  before  he  enters  upon  the 
duties  of  his  office,  take  and  subscribe  an  oath  or  affirmation 
to  support  the  constitution  of  the  United  States  and  of  the 
state  of  Kansas,  to  faithfully  discharge  the  duties  of  said  office, 
and  execute  to  the  state  of  Kansas  a  bond  in  the  sum  of  $1000, 
conditioned  to  the  faithful  performance  of  his  official  duties; 
which  bond,  after  having  been  approved  by  the  board  of  county 
commissioners,  together  with  his  official  oath,  shall  be  filed  in 
the  office  of  the  county  clerk.  (Laws  1881,  ch.  152,  sec.  1.) 

SEC.  104.  General  Duties.  [7381.]  It  shall  be  the  duty  of 
the  county  superintendent  of  public  instruction  to  visit  each 


Ch.  6]  COUNTY   SUPERINTENDENT.  51 

school  in  his  county  at  least  once  each  term  of  six  months,58 
correcting  any  deficiency  that  may  exist  in  the  government 
of  the  school,59  the  classification  of  the  pupils,  or  the  methods, 
of  instruction  in  the  several  branches  taught;  to  make  such 
suggestions  in  private  to  the  teachers  as  he  shall  deem  proper 
and  necessary  to  the  welfare  of  the  school;  to  note  the  char- 
acter and  condition  of  the  schoolhouse,  furniture,  apparatus, 
and  grounds,  and  make  a  report  in  writing  to  the  district 
board,  making  such  suggestions  as  in  his  opinion  shall  im- 
prove the  same;  to  examine  the  accounts  and  record-books 
of  the  district  officers,  and  see  that  they  are  kept  as  required 
by  law;  to  encourage  the  formation  of  associations  of  teach- 
ers and  educators  for  mutual  improvement,  and,  as  far  as 
possible;  to  attend  the  meetings  of  such  associations,  and  par- 
ticipate in  the  exercises  of  the  same;  to  attend  the  normal 
held  in  his  county,  using  his  influence  to  secure  the  attend- 
ance of  teachers;  to  make  daily  a  personal  inspection  of  the 
work  of  the  institute  in  session,  and  keep  a  record  of  the  same 
in  his  office,  and  do  such  work  in  connection  with  the  exercises 
of  the  institute  as  he  may  deem  necessary;60  to  hold  a  public 
meeting  in  each  school  district  of  his  county  at  least  once  every 
year,  for  the  purpose  of  discussing  school  questions  and  ele- 
vating the  standard  of  education ;  to  keep  his  office  open  at  the 
county-seat,  Saturday  of  each  week,  and  in  counties  in  which 
the  superintendent  receives  a  salary  of  more  than  $600  per 
annum,  he  shall  keep  his  office  open  when  not  necessarily  ab- 
sent attending  to  his  official  duties.61  He  shall  keep  a  complete 
record  of  his  official  acts ;  a  record  of  the  name,  age  and  post- 
office  address  of  each  candidate  for  a  teacher's  certificate,  with 
the  number'  of  weeks  said  candidate  has  attended  a  normal 
school  or  institute,  the  number  of  weeks  he  has  taught,  his 
standing  in  each  study,  and  the  date  of  issue  and  expiration  of 
each  certificate  granted.  He  shall  keep  a  register  of  the  teach- 
ers employed  in  his  county,  giving  name  of  teacher,  number 
of  the  district  in  which  he  is  employed,  dates  of  opening  and 
closing  term,  salary  per  month,  grade  of  certificate,  and  date 
of  superintendent's  visit.  He  shall  keep  a  record  of  the  semi- 

58.  "At  least  once  each  term  of  six  months"  is  held  to  mean  at  least 
once  each  half  year. 

59.  The  power  to  correct  deficiencies  in  government,  classification  and 
methods  of  instruction  implies  a  direct  responsibility  of  the  teacher  to 
the  superintendent.    The  language  of  the  law  is  clearly  intended  to  estab- 
lish this  relation  somewhat  as  it  exists  in  city  schools.     Failure  to  pay 
reasonable  attention  to  the  suggestions  of  the  county  superintendent  in 
these  matters  is  held  to  be  sufficient  ground  for  withholding  the  teacher's 
certificate. 

60.  The  county  superintendent  cannot  receive  compensation  for  work 
in  connection  with  the  normal  institute. 

61.  The  provisions  of  this  section  require  the  entire  time  of  every 
county  superintendent  receiving  a  salary  of  over  $600. 


52  COUNTY  SUPERINTENDENT.  [Ch.  6 

annual  apportionments  of  the  state  and  county  school  funds, 
and  such  other  statistical  records  as  shall  be  required  in  mak- 
ing reports  to  the  state  superintendent  of  pubic  instruction. 
He  shall  make  out  and  transmit  to  the  state  superintendent,  on 
the  last  Monday  of  March,  June,  September  and  December  of 
each  year,  a  report,  showing  the  number  of  school  visits  made, 
with  the  average  length  of  time  spent  in  such  visits ;  the  num- 
ber of  consultations  held  with  school  officers;  the  number  of 
days  his  office  has  been  kept  open ;  the  number  of  district  treas- 
urers' and  clerks'  record-books  examined ;  the  number  of  teach- 
ers' meetings  attended;  the  number  of  public  lectures  deliv- 
ered; and  such  other  information  as  the  state  superintendent 
may  require  regarding  the  duties  of  such  county  superin- 
tendent; and  until  such  report  shall  have  been  forwarded  to 
the  state  superintendent,  and  a  copy  thereof  filed  with  the 
county  clerk  for  publication,  and  that  fact  certified  by  the  said 
county  superintendent  to  the  board  of  county  commissioners, 
the  warrant  for  his  salary  shall  not  be  drawn.  The  county 
superintendent  shall  obtain  from  the  county  clerk,  at  least  ten 
days  before  the  time  for  holding  the  annual  school  meeting 
each  year,  a  certified  statement  of  the  total  assessed  valuation 
of  the  property  in  each  school  district  in  his  county,  and  im- 
mediately certify  the  same  to  the  several  school-district  clerks 
of  his  county,  for  the  information  of  the  annual  school  meet- 
ing; and  it  is  hereby  made  the  duty  of  said  county  clerk  to 
make  out  said  certified  statement,  and  deliver  the  same  to  the 
county  superintendent.  (Laws  1881,  ch.  152,  sec.  2.) 

SEC.  105.  Apportionment  of  School  Funds.  [7382.]  Within 
five  days  after  receiving  the  certificate  of  the  state  superin- 
tendent of  public  instruction,  informing  him  of  the  amount 
of  state  school  fund  which  has  been  apportioned  to  his  county, 
the  county  superintendent  shall  apportion  the  same,  together 
with  the  unapportioned  county  school  fund  in  the  county 
treasury,  among  the  school  districts  and  parts  of  districts  in 
such  county,  in  the  ratio  of  the  number  of  persons  of  school 
age  residing  in  each  district  or  part  of  district,  as  shown  by 
the  last  annual  reports  of  the  several  clerks  of  such  districts 
and  parts  of  districts;62  provided,  that  no  district  in  which 
a  common  school  has  not  been  taught  at  least  three  months 
the  last  preceding  school  year  shall  be  entitled  to  receive  any 
portion  of  either  of  said  funds  ;63  and  he  shall  draw  his  order 

62.  A  district  that  refuses  or  neglects  to  have  the  census  taken  ac- 
cording to  law  forfeits  its  right  to  a  share  of  the  annual  school  fund. 

63.  A  district  must  not  only  have  had  a  common  school  taught  at  least 
three  months  during  the  school  year  ending  June  30,  but  must  also  have 
made  through  its  district  clerk  the  requisite  annual  report  for  the  school 
year  in  time  to  be  included  in  the  annual  report  of  the  county  superintend- 
ent, or  the  county  superintendent  cannot  legally  apportion  to  the  district  a 
share  of  the  next  ensuing  February  and  August  dividends  of  the  state  and 
county  school  funds.  In  apportioning  these  funds,  the  county  superintend- 


Ch.  6]  COUNTY   SUPERINTENDENT.  53 

on  the  county  treasurer  in  favor  of  each  of  the  several  school- 
district  treasurers  for  the  amount  apportioned  to  such  district. 
(Laws  1881,  ch.  152,  sec.  3.) 

SEC.  106.  School-district  Boundaries.  [7383.]  The  county 
superintendent  is  hereby  required  to  furnish  the  county  clerk 
with  a  description  of  the  boundary  of  each  school  district,  on 
or  before  the  last  Monday  in  May  of  each  year.  (Laws  1887, 
ch.  219,  sec.  1.) 

SEC.  107.  Shall  Furnish  Map.  The  county  superintendent 
of  public  instruction  of  the  several  counties  of  the  state  shall, 
on  or  before  March  1  of  each  year,  furnish  to  each  assessor 
within  his  county  a  map  of  the  city  or  township  of  such  asses- 
sor, showing  the  number  and  metes  and  bounds  of  every  school 
district  or  part  of  school  district  within  his  township  or  city. 
(Laws  1885,  ch.  198,  sec.  3.) 

NOTE. — See  section  106  of  this  book. 

SEC.  108.  Boundary  Lines  Reestablished.  [Laws  1911,  ch. 
274,  sec.  2.]  That  in  all  counties  in  the  state  of  Kansas  where 
the  records  of  the  boundary  lines  of  school  districts  heretofore 
established  in  the  state  have  been  lost  or  destroyed,  it  shall  be 
the  duty  of  the  superintendent  of  public  instruction  of  said 
county  to  reestablish  said  lines  as  nearly  as  possible  upon  the 
lines  theretofore  established,  and  for  this  purpose  he  may  ex- 
amine such  witnesses  as  to  him  or  the  parties  in  interest  shall 
seem  proper  and  sufficient  to  give  him  such  information  as  is 
necessary  to  carry  out  the  provisions  of  this  act. 

SEC.  109.  Boundary  Lines  Reestablished  in  Case  of  Error. 
[Laws  1911,  ch.  274,  sec.  2.]  That  in  any  county  where  the 
records  of  the  boundary  lines  of  school  districts  heretofore 
established  have  been  lost  or  destroyed,  and  an  attempt  has 
been  made  to  reestablish  said  lines,  where  it  becomes  evident  to 
the  county  superintendent  that  the  attempted  reestablishment 

ent  must  be  governed  not  only  by  the  proviso  regarding  the  length  of  school' 
term,  but  also  by  the  number  of  children  of  school  age  residing  in  the  sev- 
eral districts  of  the  county,  "as  the  same  shall  appear  from  the  last  annual 
reports  of  the  clerks  of  the  respective  districts."  For  purposes  of  appor- 
tionment, it  is  only  from  the  annual  report  of  a  clerk  of  a  district  that  a 
county  superintendent  can  legally  know  the  number  of  children  of  school 
age  residing  in  the  district. 

In  the  case  of  the  organization  of  a  school  district  out  of  a  part  of  the 
territory  of  another  which  is  entitled  to  a  portion  of  the  state  and  county 
school  funds,  the  newly  formed  district  should  be  apportioned  its  just  share 
of  the  funds  to  which  the  original  district  would  have  been  entitled.  If  the 
division  of  the  district  was  made  before  the  time  of  making  the  annual  re- 
port, the  report  of  the  new  district  should  show  the  number  of  children 
resident  of  the  territory  detached  from  the  old  district,  so  that  this  ap- 
portionment may  be  made  upon  official  returns.  If  the  new  district  was 
organized  after  the  time  of  making  the  annual  report,  the  officers  of  the 
former  district  should  be  directed  to  pay  to  the  treasurer  of  the  new  dis- 
trict that  portion  of  the  funds  to  which  the  children  residing  upon  the 
detached  territory  entitle  said  district. 


54  COUNTY   SUPERINTENDENT.  [Ch.  6 

has  been  wrong  and  that  a  mistake  has  been  made  in  the  re- 
establishment,  the  said  superintendent  shall  have  the  same 
right  to  reestablish  said  lines  as  conferred  in  section  1  herein, 
notwithstanding  the  attempted  reestablishment  heretofore 
made. 

SEC.  110.  Annual  Report.  [7384.]  He  shall,  on  or  before 
the  15th  of  October  of  each  year,  make  out  and  transmit  in 
writing  to  the  state  superintendent  of  public  instruction  a  re- 
port bearing  date  October  1,  containing  a  statement  of  the 
number  of  school  districts  64  or  parts  of  districts  in  the  county, 
and  the  number  of  children  and  their  sex,  resident  in  each, 
over  the  age  of  five  and  under  the  age  of  twenty-one  years  ;65^ 
a  statement  of  the  number  of  district  schools  in  the  county, 
the  length  of  time  a  school  has  been  taught  in  each,  the  number 
of  scholars  attending  the  same,  their  sex,  the  branches  taught 
and  the  text-books  used,  the  number  of  teachers  employed  in 
the  same,  and  their  sex ;  a  statement  of  the  number  of  private 
or  select  schools  in  the  county,  so  far  as  the  same  can  be  ascer- 
tained, and  the  number  of  teachers  employed  in  the  same,  their 
sex,  and  the  branches  taught;  a  statement  of  the  number  of 
graded  schools  in  the  county,  the  length  of  time  school  has  been 
taught  in  each,  and  the  number  of  scholars  attending  the  same, 
their  sex,  and  the  branches  taught,  the  number  of  teachers  em- 
ployed in  the  same,  and  their  sex ;  a  statement  of  the  condition 
of  the  normal  school,  where  such  school  has  been  established, 
the  number  of  students  attending  the  same,  their  sex,  and  the 
number  of  teachers  employed  in  the  same,  and  their  sex;  a 
statement  of  the  county  normal  institute;  a  statement  of  the 
number  of  academies  and  colleges  in  the  county,  and  the  num- 
ber of  students  attending  the  same,  and  their  sex,  the  number 
of  teachers  employed  in  each,  and  their  sex ;  a  statement  of  the 
amount  of  public  money  received  in  each  district  or  parts  of 
districts,  and  what  portion  of  the  same,  if  any,  has  been  ap- 
propriated to  the  support  of  graded  schools ;  a  statement  of  the 
amount  of  money  raised  in  each  district  by.  tax  and  paid  for 
teachers'  wages,  in  addition  to  the  public  money  paid  therefor ; 
the  amount  of  money  raised  by  tax  or  otherwise  for  the  pur- 
pose of  purchasing  school  site,  for  building,  hiring,  purchasing, 
repairing,  furnishing  or  insuring  such  schoolhouse,  or  for  any 
other  purpose  allowed  by  law,  in  the  district  or  parts  of  dis- 
tricts. (Laws  1881,  ch.  152,  sec.  5.) 

64.  Joint  districts  are  reported  by  the  superintendent  under  whose 
supervision  the  districts  exist. 

65.  The  annual  reports  of  county  superintendents  constitute  the  basis 
upon  which  the  state  superintendent  disburses  the  semiannual  dividends  to 
the  several  counties.     If  any  county  superintendent,  therefore,  fails  to 
make  his  annual  report,  as  required  by  law,  the  county  loses  its  share  of 
the  state  school  fund,  and  the  county  superintendent  becomes  responsible- 
to  the  county  for  the  amount. 


Ch.  6]  COUNTY   SUPERINTENDENT.  55 

SEC.  111.  Compensation.  [Laws  1911,  ch.  279,  sec.  1.] 
The  county  superintendents  of  public  instruction  shall  be  al- 
lowed by  the  board  of  county  commissioners  of  their  respective 
counties,  as  full  compensation  for  all  their  services  in  the  per- 
formance of  the  duties  required  by  them  by  statute,  the  follow- 
ing sums  and  no  more,  to  be  paid  out  of  the  county  treasury  in 
monthly  or  quarterly  installments;  said  compensation  shall  be 
fixed  by  the  board  of  county  commissioners  at  the  first  meeting 
in  July  of  each  year,  based  on  the  enumeration  of  the  school 
enumerator  for  that  year,  and  the  salary  so  fixed  shall  begin 
on  July  1st  of  that  year. 

SEC.  112.  Salary  Schedule.  [Laws  1911,  ch.  279,  sec.  2.] 
In  counties  having  a  school  population  66  of  less  than  500  the 
county  superintendent  shall  receive  for  each  day  actually  em- 
ployed in  the  discharge  of  his  duties  in  his  office  the  sum  of 
three  dollars  per  day  for  a  number  of  days  not  to  exceed  180 
in  any  one  year;  in  counties  having  a  school  population  of 
from  500  to  1000  he  shall  receive  the  sum  of  three  dollars  per 
day  for  a  number  of  days  not  to  exceed  200  in  any  one  year ;  in 
counties  having  a  school  population  of  1000  to  1500  he  shall 
receive  the  sum  of  $750  per  annum;  in  counties  containing 
more  than  1500  persons  of  school  age,  exclusive  of  those  in 
cities  of  the  first  and  second  class,  he  shall  receive  $800  and 
$20  per  annum  for  each  one  hundred  persons  of  school  age  in 
excess  of  said  1500  up  to  the  sum  of  $1200;  provided,  that  in 
each  county  the  county  commissioners  shall  add  to  the  salary 
hereinbefore  provided  the  sum  of  one  dollar  per  annum  for 
each  teacher  employed  in  the  county,  exclusive  of  those  em- 
ployed in  cities  of  the  first  and  second  class ;  provided,  that  in 
counties  of  70,000  or  more  population  the  salary  of  the  county 
superintendent  shall  be  $1800  per  annum;  provided  further, 
that  if  the  county  superintendent  shall  fail  to  spend  at  least  one 
hour  in  each  school  during  the  year,  so  as  to  observe  for  at 
least  one  hour  the  work  of  each  teacher  under  his  supervision, 
the  county  commissioners  shall  deduct  from  the  last  quarterly 
installment  the  sum  of  five  dollars  for  each  delinquency. 

SEC.  113.  Traveling  Expenses.  [7386.]  That  the  county 
superintendents  of  the  several  counties  in  the  state  of  Kansas 
shall  receive  the  sum  of  one  dollar  per  school  per  annum  as 
traveling  expenses  in  visiting  said  schools;  provided,  in  no 
case  shall  any  county  superintendent  receive  traveling  ex- 
penses for  schools  not  visited.  (Laws  1901,  ch.  191,  sec.  1.) 

SEC.  114.  Miscellaneous  Expenses.  [7386.]  He  shall  also 
be  entitled  to  all  money  actually  expended  for  stationery, 
postage,  freight,  and  express.  All  money  paid  out  of  the 

66.  "School  population"  is  held  to  mean  the  enumeration  taken  an- 
nually by  school-district  clerks  for  the  annual  report.  Such  enumeration 
for  each  year  should  constitute  the  basis  for  the  superintendent's  salary 
for  the  ensuing  year,  beginning  the  first  day  of  July. 


56  COUNTY   SUPERINTENDENT.  [Ch.  6 

county  treasury  for  this  purpose  shall  be  out  of  the  general 
fund  of  the  county.    (Laws  1901,  ch.  191,  sec.  2.) 

SEC.  115.  Vacancy  in  Board.  [7387.]  Should  a  vacancy  oc- 
cur in  the  board  of  directors  of  any  school  district,  it  shall  be 
the  duty  of  the  county  superintendent  to  appoint  some  suit- 
able person,  a  resident  of  the  district,  to  fill  the  same,  and 
the  person  so  appointed  shall  continue  in  office  until  the  next 
annual  meeting  thereafter,  and  until  his  successor  is  elected 
and  qualified.  (Laws  1881,  ch.  152,  sec.  7.) 

SEC.  116.  Vacancy  in  Office  of  County  Superintendent. 
[Laws  1911,  ch.  278,  secvl.]  That  section  7388  of  the  General 
Statutes  of  Kansas,  1909,  is  hereby  amended  to  read  as  fol- 
lows: Sec.  7388.  When  a  vacancy  occurs  in  the  office  of 
county  superintendent  of  public  instruction  by  death,  resig- 
nation or  otherwise,  notice  thereof  shall  be  given  by  the  county 
clerk  to  the  board  of  county  commissioners,  who  shall  as  soon 
as  practicable  appoint  some  suitable  person  to  fill  the  vacancy ; 
provided,  that  if  the  board  of  county  commissioners  are  unable 
to  make  such  appointment  from  the  residents  of  the  county, 
the  county  clerk  shall  notify  the  state  superintendent  of  public 
instruction,  who  shall  appoint  some  legally  qualified  person 
who  is  a  resident  of  Kansas  to  fill  the  said  vacancy,  regardless 
of  the  place  of  residence  of  such  person;  and  the  person  re- 
ceiving such  appointment  shall  before  entering  upon  the  dis- 
charge of  the  duties  of  the  office  acquire  a  residence  in  said 
county  by  removing  thereto,  and  shall  file  his  oath  or  affirma- 
tion and  bond  in  the  county  clerk's  office  as  provided  by  law, 
and  shall  hold  his  office  until  his  successor  is  elected  and 
qualified. 

SEC.  117.  Clerks'  Reports.  [7389.]  He  shall  see  that  the 
annual  reports  of  the  clerks  of  the  several  school  districts  and 
parts  of  districts  in  his  county  are  made  correctly  and  in  due 
time.  (Laws  1881,  ch.  152,  sec.  9.) 

SEC.  118.  Oaths.  [7390.]  County  superintendents  shall 
have  power  to  administer  oaths  in  all  cases  in  which  an  oath 
is  made  necessary  by  any  provision  of  the  school  law,  except 
in  the  qualifying  of  county  superintendents  and  their  sureties. 
(Laws  1881,  ch.  152,  sec.  10.) 

SEC.  119.  Purchase  of  Records.  [7391.]  The  county  super- 
intendent of  public  instruction  of  the  respective  counties  in 
this  state  may  purchase,  for  each  organized  school  district  in 
his  county  not  having  sufficient  records,  one  set  of  school-dis- 
trict records,  consisting  of  district  clerk's  records  and  order- 
books,  district  treasurer's  book,  and  a  teacher's  daily  register. 
Each  of  said  books  shall  contain  such  printed  forms  and  in- 
structions as  will  enable  the  teacher  and  the  school-district 
officers  to  perform  with  correctness  and  accuracy  their  several 
duties  as  required  by  law;  provided,  the  entire  set  of  said 
records  as  above  enumerated  shall  not  exceed  in  cost  four  dol- 


Ch.  6]  COUNTY   SUPERINTENDENT.  57 

lars  for  each  set;  and  the  said  superintendent  shall  draw  his 
order  or  warrant  on  the  county  treasurer  in  favor  of  the  per- 
son he  purchases  said  books  of,  for  the  amount  of  the  pur- 
chase-money, and  it'  is  hereby  made  the  duty  of  said  county 
treasurer  to  pay  said  warrant  or  order  out  of  any  money  in 
his  hands  belonging  to  the  respective  districts  in  his  county; 
provided,  that  no  funds  in  the  hands  of  the  county  treasurer 
belonging  to  the  several  school  districts  in  his  county  shall 
be  diverted  from  the  object  for  which  said  fund  was  raised ; 
and  the  said  superintendent  shall  deliver  the  said  books  to  the 
district  board  of  each  district.  (Laws  1881,  ch.  152,  sec.  11.) 
SEC.  120.  Forming  and  Changing  Districts?1  [7392.]  It 
shall  be  the  duty  of  the  county  superintendent  of  public  in- 
struction to  divide  the  county  into  a  convenient  number 
of  school  districts,  and  to  change  such  districts  when  the 
interests  of  the  inhabitants  thereof  require  it,68  but  only 
after  twenty  days'  notice  thereof,  by  written  notices  posted 
in  at  least  five  public  places  in  the  district  to  be  changed; 
but  no  new  school  district  shall  be  formed  containing 
less  than  fifteen  persons  of  school  age,69  no  district  shall 
be  so  changed  as  to  reduce  its  school  population  to  less 
than  fifteen,  and  none  having  a  bonded  indebtedness  shall  be 
so  reduced  in  territory  that  such  indebtedness  shall  exceed 
five  per  cent  of  their  assessed  property  valuation  ;70  provided, 
that  any  person  interested  may  appeal  to  the  board  of  county 
commissioners  from  the  action  of  the  county  superintendent; 
and  provided  further,  that  the  restrictions  as  to  school  popu- 
lation and  assessed  valuations  of  this  section  shall  not  pre- 
vent desirable  changes  in  school-district  boundaries  when  the 
proposed  alteration  of  boundaries  is  approved  by  the  board  of 
county  commissioners.  The  county  superintendent  shall  num- 
ber school  districts  when  they  are  formed;  and  he  shall  keep 
in  a  book  for  that  purpose  a  description  of  the  boundaries  of 

67.  The  fact  that  the  district  boundary  has  been  changed  by  legis- 
lative act  or  a  district  disorganized  by  legislative  act  in  no  respect  modi- 
fies the  power  of  the  county  superintendent  as  conferred  by  this  section. 

68.  It  is  very  desirable  that  the  people  concerned  should  be  consulted, 
and  the  arguments  on  both  sides  carefully  considered,  before  making  im- 
portant changes.    After  a  district  has  issued  bonds  to  build  or  purchase  a 
schoolhouse,  alterations  should  be  discouraged  until  the  bonds  are  paid, 
except  in  cases  where  imperative  necessity  demands  a  change.    The  object 
should  be  to  establish  strong  and  permanent  districts. 

69.  New  districts  cannot  be  formed  with  less  than  fifteen  persons  of 
school  age. 

70.  The  territory  that  comprised  a  school  district  at  the  time  of  the 
creation   of  the  bonded  indebtedness  is  the  territory  liable  to  pay  the 
bonds,  regardless  of  disorganization,  consolidation  or  changing  of  bound- 
aries.    Territory  attached  to  a  district  is  not  liable  to  pay  the  bonded  in- 
debtedness of  that  district  prior  to  the  attachment  of  the  territory.     De- 
tachment of  territory  does  not  increase  bonded  indebtedness  as  is  inti- 
mated. 


58  COUNTY  SUPERINTENDENT.  [Ch.  $ 

each  school  district  and  part  of  district  in  his  county,  with 
plat  of  the  same,  date  of  organization,  date  and  full  record 
of  all  changes  of  boundaries,  and  a  list  of  district  officers  in 
his  county,  the  date  of  election  or  appointment,  and  the  time 
the  term  of  each  is  to  expire.  (Laws  1907,  ch.  329,  sec.  1.) 

SEC.  121.  Aggrieved  Persons.  [7401.]  If  in  the  formation 
or  alteration  of,  or  refusal  to  form  or  alter  school  districts, 
any  person  or  persons  shall  feel  aggrieved,  such  person  or  per- 
sons may  appeal  to  the  board  of  county  commissioners,  who 
shall  confer  with  the  county  superintendent,  and  their  action 
shall  be  final;  provided,  that  notice  of  such  appeal71  shall  be 
served  on  the  county  superintendent  within  ten  days  of  the 
time  of  posting  of  the  notices  of  the  formation  or  alteration  of 
such  district;  such  notice  shall  be  in  writing,  and  shall  state 
fully  the  objections  to  the  action  of  the  county  superintendent, 
a  copy  of  which  shall  be  filed  with  the  county  clerk,  and  also 
with  the  clerks  of  all  districts  affected  by  such  alteration ;  and 
provided  also,  that  such  appeal  shall  be  heard  and  decided  by 
the  majority  of  the  board  of  county  commissioners  at  their 
next  regular  meeting;  and  if  such  appeal  is  not  sustained  by 
them,  the  county  superintendent  shall  proceed  to  appoint  the 
time  and  place  for  said  first  district  meeting,  which  shall  then 
proceed  as  by  law  required.  (Laws  1876,  ch.  122,  art.  3r 
sec.  5.) 

SEC.  122.  Notice  of  First  Meeting.  [7393.]  Whenever  a 
school  district  shall  be  formed  in  any  county,  the  county  su- 
perintendent of  public  instruction  of  such  county  shall,  within 
fif teen  days  thereafter,  prepare  a  notice  of  the  formation  of 
such  district,  describing  its  boundaries,  and  stating  the  num- 
ber thereof.  He  shall  cause  the  notices  thus  prepared  to  be 
posted  in  at  least  five  public  places  in  the  district,  and,  in  case 
there  shall  be  no  appeal,  shall  in  ten  days  thereafter  in  like 
manner  appoint  a  time  and  place  for  a  special  district  meet- 
ing, for  the  election  of  officers  and  the  transaction  of  such  busi- 
ness as  is  prescribed  by  law  for  special  school-district  meeting. 
(Laws  1881,  ch.  152,  sec.  13.) 

SEC.  123.  Division  of  Property.  [7400.]  When  a  new  dis- 
trict is  formed,  in  whole  or  in  part,  from  one  or  more  districts 
possessing  a  schoolhouse  or  entitled  to  other  property,  such  new 
district  shall  be  formed  only  between  April  1  and  September  1 
the  same  year,  and  the  county  superintendent  shall  de- 
termine the  value  of  the  school  property  of  the  school  district, 
including  taxes  due,  and  deducting  all  indebtedness  except 

NOTE  —See  section  174  for  the  valuation  requirement  for  the  formation 
of  new  districts  or  the  alteration  of  district  boundaries. 

71.    No  appeal  can  be  made  to  the  county  commissioners  unless  the 
•unty  superintendent  posts  notices  of  the  formation  or  alteration  of  a 
school  district. 


Ch.  6]  COUNTY   SUPERINTENDENT.  59 

bonded  indebtedness.  There  shall  be  due  to  the  new  district72 
from  the  old  district  the  proportion  of  the  value  of  the  school 
property  that  the  assessed  valuation  of  property  of  the  new 
district  bears  to  the  assessed  valuation  of  the  property  of  the 
old  district.  The  county  superintendent  shall  certify  to  the 
county  clerk  the  proper  tax  levy  against  the  taxable  property 
of  the  old  district  to  pay  the  amount  due  the  new  district. 
(Laws  1909,  ch.  207,  sec.  1.) 

SEC.  124.  Depopulated  District.  [7414.]  That  when  a  school 
district  having  a  floating  indebtedness,  consisting  of  outstand- 
ing school  orders,  is  now  or  shall  hereafter  become  depopu- 
lated, it  shall  be  the  duty  of  the  county  commissioners,  on  in- 
formation furnished  by  the  county  superintendent,  to  provide 
for  the  payment  of  such  outstanding  indebtedness  by  making 
a  levy  of  taxes  therefor  upon  the  property  of  such  depopulated 
district,  which  shall  be  extended  by  the  county  clerk  on  the 
tax-roll  the  same  as  other  taxes;  provided,  that  no  levy  shall 

72.  For  the  division  of  school  property  under  the  provisions  of  this 
section,  the  following  rules  are  recommended,  viz.: 

FIRST  RULE. 

To  be  applied  in  dividing  school  property  which  has  been  procured  with 
the  proceeds  of  district  taxes:  (1)  Find  the  assessed  valuation  of  the  tax- 
able property  of  the  undivided  district,  as  returned  on  the  last  assess- 
ment roll  of  the  county.  (2)  Find,  in  like  manner,  the  assessed  valuation 
of  the  taxable  property  of  the  territory  which  is  to  be  cut  off,  and  which 
does  not  retain  the  school  property.  (3)  Find  the  present  value  of  the 
school  property  of  the  undivided  district,  including  moneys  raised  from 
district  taxes  and  remaining  in  the  treasury  at  the  time  the  division  is 
made,  after  discharging  all  indebtedness  except  bonded  indebtedness. 
(4)  Multiply  the  present  value  of  the  school  property  by  the  assessed 
valuation  of  the  territory  which  is  to  be  cut  off.  That  product,  divided  by 
the  assessed  valuation  of  the  undivided  district,  gives  the  amount  due  to 
the  territory  which  is  to  be  cut  off. 

SECOND   RULE. 

To  be  applied  in  dividing  such  school  property  as  consists  of  moneys  re- 
ceived by  the  undivided  district  from  the  state  and  county  school  funds: 

(1)  Find  the  number  of  children  of  school  age  residing  in  the  undivided 
district,  as  given  in  the  last  annual  report  of  the  clerk  of  the  district. 

(2)  Find,  in  like  manner,  the  number  of  children  of  school  age  residing 
in  the  territory  which  is  to  be  cut  off,  and  which  does  not  retain  the 
school  property.     (3)  Find  the  amount  of  state  and  county  school  money 
remaining  in  the  treasury  of  the  undivided  district  at  the  time  the  di- 
vision is  made,  after  discharging  all  indebtedness  except  bonded  indebted- 
ness.    (4)  Multiply  the  residue  of  state  and  county  school  moneys  by  the 
number  of  children  residing  in  the  territory  which  is  to  be  cut  off.    That 
product,  divided  by  the  number  of 'children  of  school  age  residing  in  the 
undivided  district,  gives  the  amount  of  state  and  county  school  moneys 
due  to  the  territory  which  is  to  be  cut  off. 

The  same  principle  of  division  of  property  is  to  be  followed  in  case  the 
new  district  is  formed  from  parts  of  two  or  more  districts. 

The  county  superintendent  of  public  instruction  should  make  the  di- 
vision of  school  property  at  the  time  of  forming  a  new  school  district,  but 
his  failure  to  do  so  at  the  time  does  not  impair  the  rights  of  said  district. 


60  COUNTY  SUPERINTENDENT.  [Ch.  6 

exceed  twenty  mills73  on  the  dollar  in  any  one  year.  (Laws  of 
1893,  ch.  135,  sec.  1.) 

SEC.  125.  County  Treasurer  Shall  Pay.  [7415.]  That  the 
county  treasurer  shall  pay  all  school  orders  mentioned  in  the 
preceding  section  out  of  any  funds  standing  to  the  credit  of  the 
school  district  on  which  said  school  orders  are  drawn;  pro- 
vided, that  the  county  superintendent's  order  for  the  payment 
of  the  same  shall  be  attached  to  such  school  order.  (Laws 
1893,  ch.  135,  sec.  2.) 

SEC.  126.  County  Superintendents  May  Disorganize.  [7416.] 
That  the  county  superintendent  may,  in  his  discretion,  after  all 
indebtedness74  has  been  fully  paid  and  canceled,  declare 
such  depopulated  school  district  disorganized,  and  attach  the 
territory  belonging  thereto  to  adjoining  school  districts. 
(Laws  1893,  ch.  135,  sec.  3.) 

SEC.  127.  When  Depopulated.  [7417.]  The  term  "de- 
populated school  district"  as  used  in  this  act  shall  be  held  to 
mean  a  school  district  having  fewer  than  five  legal  voters 
therein  and  fewer  than  seven  persons  between  the  ages  of  five 
and  twenty-one  years;  such  fact  to  be  determined  by  the 
county  superintendent.  It  shall  be  the  duty  of  the  county  su- 
perintendent, upon  the  filing  of  a  written  request  by  the  holder 
of  an  outstanding  school  order,  to  make  an  investigation  of  the 
school  district  issuing  such  order,  and  report  to  the  board  of 
county  commissioners  the  facts  as  to  the  population  as  afore- 
said; and  such  report  shall  be  conclusive  on  that  question. 
(Laws  1907,  ch.  322,  sec.  1.) 

SEC.  128.  Partially  Depopulated  Districts.  [7418.]  That 
the  superintendent  of  public  instruction  in  any  county  is 
hereby  empowered  to  disorganize  partially  depopulated  school 
districts  in  his  county;  or  in  counties  where  joint  school  dis- 
tricts exist,  the  superintendent  having  jurisdiction  over  the 
major  portion  of  said  school  districts  shall  have  full  power 
to  act,  and  the  officers  in  said  county  shall  have  full  control 
to  levy  tax,  and  certify  the  same  to  the  proper  officers  out  of 
said  county  having  taxable  property  in  said  joint  school  dis- 
;ncts,  who  shall  place  the  same  on  the  tax-rolls  of  their  re- 
spective counties,  and  collect  the  same  as  other  school  tax 
levied  in  their  respective  counties,  and  when  collected  they 
shall  pay  the  same  to  the  proper  officers  of  said  county  in 
which  said  major  portion  is  located,  taking  a  receipt  therefor, 
and  the  county  treasurer  and  county  superintendent  shall  pro- 

7?5ednft0J1SbTe/Taid  fu*dAs  so  Collected  the  same  as  in  section 
775  of  this  act.  (Laws  1901,  ch.  307,  sec.  1.) 


of  this^°ookmillS'    Changed  ^  Laws  19°9,  ch.  245,  sec.  25    (section  344 


74.  Does  not  refer  to  bonded  indebtedness. 

75.  See  section  133  -of  this  book. 


Ch.  6]  COUNTY   SUPERINTENDENT.  61 

SEC.  129.  Partially  Depopulated  District;  Definition. 
[7419.]  For  the  purposes  of  this  act,  a  school  district  shall 
be  deemed  partially  depopulated  when  the  number  of  persons 
resident  thereof  over  the  age  of  five  years  and  under  the  age 
of  twenty-one  years  shall  be  less  than  twelve.  (Laws  1907, 
ch.  323,  sec.  1.) 

SEC.  130.  Petition.  [7420.]  That  such  action  shall  not  be 
taken  by  the  county  superintendent  of  any  such  county  unless 
there  shall  be  presented  to  him  a  petition  signed  by  two-thirds 
of  the  bona  fide  residents  of  such  school  district  having  the 
qualifications  of  school-district  electors,  and  who  have  resided 
continuously  for  one  year  in  said  school  district,  requesting 
such  disorganization;  provided,  that  such  disorganization 
shall  not  be  final  until  approved  by  the  board  of  county  com- 
missioners of  the  county  in  which  the  disorganized  school  dis- 
trict is  situated;  and  provided  further,  that  in  any  such  school 
districts  where  the  whole  number  of  district  electors  shall  be 
less  than  six,  and  the  number  of  residents  of  such  district 
over  the  age  of  five  years  and  under  the  age  of  twenty-one 
years  shall  be  less  than  five,  the  county  superintendent  shall 
act  without  petition,  when  so  directed  by  the  board  of  county 
commissioners  of  such  county.  (Laws  1901,  ch.  307,  sec.  3.) 

SEC.  131.  County  Superintendent  May  Attach.  [7421.] 
The  county  superintendent  may  attach  the  territory  of  any 
school  district  disorganized  under  the  provisions  of  this  act  to 
any  adjacent  school  district  or  school  districts,  but  such  attach- 
ment shall  not  become  effective  until  approved  by  the  board  of 
county  commissioners.  (Laws  1901,  ch.  307,  sec.  4.) 

NOTE. — See  section  33  of  this  book  for  disposition  of  bonded  indebted- 
ness of  disorganized  school  districts. 

SEC.  132.  Floating  Indebtedness.  [7423.]  That  if  any 
school  district  so  disorganized  shall  at  the  time  of  its  disorgani- 
zation have  a  floating  indebtedness  consisting  of  outstanding 
school  orders,  it  shall  be  the  duty  of  the  county  commissioners 
of  the  county,  on  information  furnished  by  the  county  superin- 
tendent, to  provide  for  the  payment  of  such  outstanding  in- 
debtedness by  making  a  levy  of  taxes  therefor  upon  all  the  real 
and  personal  property  in  the  territory  of  the  disorganized 
school  district,  which  tax  shall  be  entered  by  the  clerk  of  the 
county  on  the  tax-roll  the  same  as  other  taxes ;  provided,  that 
no  such  levy  shall  exceed  ten  mills  76  on  the  dollar  of  the  as- 
sessed valuation  in  any  one  year.  (Laws  1901,  ch.  307,  sec.  6.) 

SEC.  133.  Orders  Paid  by  County  Treasurer.  [7424.]  That 
the  county  treasurer  shall  pay  all  school  orders  mentioned  in 
the  preceding  section  out  of  any  fund  collected  from  the  school 
taxes  created  by  the  special  levy  provided  for  in  section  6  of 

76.  Two  and  one-half  mills.  Changed  by  Laws  1909,  ch.  245,  sec.  25 
(section  344  of  this  book). 


£2  COUNTY  SUPERINTENDENT.  [Ch.  6 

this  act;77  provided,  that  no  such  school  order  shall  be  paid 
unless  accompanied  by  an  order  from  the  county  superin- 
tendent directing  its  payment.  (Laws  1901,  ch.  307,  sec.  7.) 

SEC.  134.  Disposition  of  Funds.  [7425.]  If  at  the  time  of 
the  disorganization  of  any  school  district  as  herein  provided 
for  such  district  shall  have  in  the  hands  of  its  treasurer  or  of 
the  county  treasurer  of  the  county  moneys  belonging  to  it,  or 
any  unpaid  taxes  levied  for  the  payment  of  its  indebtedness, 
bonded  or  floating,  such  money  shall  be  first  applied  to  its 
indebtedness,  floating  and  bonded;  and  if  any  money  remain 
thereafter,  then  such  money  shall  be  distributed  among  the 
school  districts  to  which  such  territory  shall  be  attached,  in 
such  manner  and  amount  as  shall  be  directed  by  the  county 
superintendent,  who  shall  include  in  the  order  for  the  disor- 
ganization of  such  district  an  order  for  the  distribution  of  its 
moneys  as  herein  provided.  (Laws  1901,  ch.  307,  sec.  8.) 

SEC.  135.  Disposition  of  Property.  [7426.]  The  buildings 
and  other  property  which  may  belong  to  any  school  district 
which  may  be  hereafter  disorganized  shall  be  sold  by  the 
county  superintendent  to  the  highest  bidder  for  cash  in  hand, 
after  haying  given  thirty  days*  public  notice  thereof  by  pub- 
lication in  a  newspaper  published  in  said  county  and  by  post- 
ing not  less  than  five  written  or  printed  notices  in  conspicuous 
places  in  said  district.  The  proceeds  of  said  sale  shall  be  de- 
posited with  the  county  treasurer  of  said  county  and  shall  be 
applied  to  the  payment  of  debts  of  said  school  district,  giving 
the  preference  to  floating  debts,  if  there  be  any.  If  there  be 
no  debts,  or  if  there  be  any  proceeds  left  after  the  payment 
of  debts,  said  proceeds  shall  be  turned  into  the  county  school 
fund  for  the  use  and  benefit  of  the  school  district  to  which 
said  disorganized  territory  is  attached;  provided,  that  the 
school  district  to  which  said  territory  is  attached  may  bid  for 
and  purchase  said  property  and  pay  for  same  out  of  general 
fund.  (Laws  1901,  ch.  307,  sec.  9.) 

SEC.  136.  Territory  Not  Liable.  [7427.]  The  territory  of 
any  school  district  so  disorganized  shall  not  be  liable  for  any 
debt,  floating  or  bonded,  or  any  contract  of  any  district  to 
which  it  may  be  attached  existing  at  the  time  of  such  attach- 
ment. (Laws  1901,  ch.  307,  sec.  10.) 

SEC.  137.  Annexation  of  School  Districts.  [7440.]  When- 
ever any  school  district  within  this  state  shall  fail  or  neglect 
to  maintain  a  school  for  at  least  three  months  in  one  year,  for 
a  consecutive  term  of  three  years,  such  school  district  shall  be 
annexed  to  adjoining  districts;  provided,  that  this  act  shall 
not  apply  to  districts  that  have  made  proper  levies  for  the 
tuition  and  transportation  of  its  pupils  to  other  schools.  (Laws 
1909,  ch.  206,  sec.  1.) 

77.     Section  132  of  this  book. 


Ch.  6]  COUNTY   SUPERINTENDENT.  63 

SEC.  138.  Division  of  Districts  Annexed.  [7441.]  For  the 
purpose  of  carrying  out  this  act  it  shall  be  the  duty  of  the 
county  superintendent  to  divide  such  districts  in  such  a  man- 
ner as  to  equalize  as  nearly  as  practicable  the  territory  in 
area  and  taxable  property.  (Laws  1909,  ch.  206,  sec.  2.) 

SEC.  139.  Employ  Deputy.  [7394.]  He  shall  discharge  such 
other  duties  as  may  be  prescribed  by  law,  and  in  case  of  sick- 
ness or  temporary  absence  he  may  employ  a  deputy.  He  shall 
deliver  to  his  successor,  within  ten  days  after  the  expiration 
of  his  term  of  office,  all  books  and  papers  appertaining  to  his 
office.  (Laws  1881,  ch.  152,  sec.  14.) 

SEC.  140.  Neglect  or  Refusal  to  Perform  Duty.  [7395.] 
Every  county  superintendent  who  shall  neglect  or  refuse  to 
perform  any  act  which  it  is  his  duty  to  perform,  or  shall  cor- 
ruptly or  oppressively  perform  any  such  duty,  he  shall  forfeit 
his  office,  and  shall  be  liable  on  his  official  bond  for  all  dam- 
ages occasioned  thereby,  to  be  recovered  in  the  name  of  the 
state  for  the  benefit  of  the  proper  party,  district,  or  county. 
(Laws  1881,  ch.  152,  sec.  15.) 

SEC.  141.  Agent  of  State  Orphans'  Home.™  [8526.]  The 
superintendents  of  public  instruction  in  the  several  counties 
of  the  state  are  hereby  designated  as  the  -agents  of  the 
Soldiers79  Orphans*  Home  in  their  respective  counties.  It 
shall  be  the  duty  of  said  agents  to  visit  the  children  who  are 
placed  in  homes  in  their  respective  counties  twice  each  year, 
and  at  such  other  times  as  the  superintendent  of  the  home 
may  request;  and  they  shall  make  written  reports  of  the  con- 
dition of  each  child  visited,  upon  blanks  to  be  provided  by 
the  board  of  trustees  for  that  purpose,  and  forward  the  same 
to  the  superintendent  of  the  home,  who  shall  record  and  file 
the  same  in  a  proper  manner.  Said  agents  shall  receive,  as 
full  compensation  for  the  services  performed  under  the  pro- 
visions of  this  act,  their  actual  necessary  official  expenses,  to- 
gether with  the  sum  of  three  dollars,  in  full  for  all  services 
and  report  of  each  case  visited,  but  not  exceeding  three  dol- 
lars for  any  day's  services.  All  accounts  for  ^such  services 
shall  be  rendered  to  the  superintendent  of  said  home,  and 
shall  be  verified,  audited  and  paid  in  the  same  manner  as 
other  accounts  against  said  home  are  paid.  (Laws  1889,  ch. 
236,  sec.  6.) 

SEC.  142.  Unlawful  for  County  Superintendents  to  Purchase 
School  Lands.  [7671.]  It  shall  be  unlawful  for  the  county 
superintendent  appointing  the  appraisers,  or  the  persons  ap- 
praising the  lands,  to  purchase,  either  directly  or  indirectly, 

78.  This  section  is  probably  repealed  by  implication  by  the  following 
laws:    Sections  44,  45  and  46,  chapter  353,  Laws  of  1901;  section  6,  chap- 
ter 482,  Laws  of  1903;  section  13,  chapter  475,  Laws  of  1905. 

79.  The  name  was  changed  to  "State  Orphans'  Home"  in  1909. 


64  COUNTY   SUPERINTENDENT.  [Ch.  6 

any  portion  of  the  lands  appraised  by  them.     (Laws  1876,  ch. 
122,  art.  14,  sec.  18.) 

SEC.  143.  Trespassers  on  School  Lands.  [7679.]  It  shall  be 
the  duty  of  the  county  superintendent  of  public  instruction,  the 
district  directors,  clerks  and  treasurers,  and  all  sheriffs  and 
constables,  to  take  notice  of  all  trespasses  committed  on  school- 
lands  in  their  respective  counties,  and  immediately  file  a  com- 
plaint against  any  person  violating  this  act,  before  the  proper 
authorities.  (Laws  1876,  ch.  122,  art.  14,  sec.  30.) 


Ch.7] 


CONSOLIDATION. 


65 


CHAPTER  VII.— CONSOLIDATION. 


§148.  Powers  and  duties  of  district  board. 

149.  County  superintendent  to  be  notified. 

150.  Record   boundaries. 

151.  Property  of   districts. 

152.  Name. 


§144.    Temporary   consolidation   of  districts 
by  county   superintendent. 

145.  Procedure    in    consolidation. 

146.  Consolidation    with    district    contain- 

ing a  graded   school. 

147.  Transporting   scholars. 

SECTION  144.  Temporary  Consolidation  of  Districts  by 
County  Superintendent.  [7428.]  The  county  superintendent 
of  public  instruction  may,  when  any  two  or  more  adjoining 
school  districts  have  less  than  five  pupils  each  of  school  age, 
combine  the  pupils  of  such  districts,  and  provide  for  a  term  of 
school,  which  shall  be  divided  among  the  districts  so  combined 
as  he  shall  deem  most  convenient,  and  to  which  the  pupils  of 
each  shall  be  admitted;  he  shall  prorate  the  expense  between 
the  districts  in  proportion  to  the  number  of  pupils  from  each, 
and  shall  certify  same  to  the  county  clerk  on  or  before  the  1st 
day  of  August  of  each  year,  and  the  board  of  county  commis- 
sioners shall  levy  a  tax  against  the  property  of  said  district 
sufficient  to  raise  the  amount  shown  by  the  said  certificate; 
provided,  that  whenever  the  school  population  of  such  districts 
so  combined  or  of  any  school  district  shall  become  less  than  five 
no  term  of  school  shall  be  held,  but  provision  shall  be  made  by 
the  county  superintendent  for  sending  pupils  to  other  schools, 
as  now  provided  by  law  in  the  case  of  districts  which  vote  to 
have  no  school,  and  in  no  case  shall  more  than  one  school  be 
held  at  the  same  time  in  any  school  district,  consolidated  or 
otherwise,  unless  there  be  a  regular  attendance  of  at  least  five 
bona  fide  pupils  for  each  of  the  additional  schools  in  said  dis- 
trict. All  contracts  with  teachers  shall  be  made  subject  to  the 
provisions  of  this  act.  (Laws  1901,  ch.  307,  sec.  11.) 

SEC.  145.  Procedure  in  Consolidation.  [Laws  1911,  ch. 
275,  sec.  1.]  By  order  of  the  district  board,  or  by  a  written 
petition  of  twenty-five  per  cent  of  the  voters  of  any  school  dis- 
trict, the  clerk  of  said  school  district  shall  post  printed  notices 
as  required  for  school-district  meetings,  calling  a  school-dis- 
trict meeting  at  the  schoplhouse  of  said  district  for  the  purpose 
of  voting  upon  a  proposition  to  consolidate  said  school  district 
with  one  or  more  school  districts  as  stated  in  said  notices. 
The  vote  in  any  district  may  be  made  conditional  on  a  similar 
proposition  carrying  in  part  or  all  of  the  districts  voting.  In 
any  school  district  voting  on  the  proposition  a  majority  of  the 
votes  cast  shall  be  sufficient  to  carry  the  proposition  in  said 
district.  The  vote  at  such  school-district  meeting  shall  be  by 
ballot,  which  shall  read  "For  consolidation"  or  "Against  con- 
solidation/' Upon  such  proposition  being  carried,  the  clerk  of 
said  school  district  shall  thereupon,  in  writing,  notify  the 


66  CONSOLIDATION.  [Ch.  7 

county  superintendent  of  such  action.  Upon  rceiving  such 
notice,  it  shall  be  the  duty  of  the  county  superintendent  to 
designate  a  time  and  place  for  a  meeting  for  the  purpose  of 
electing  a  school  board,  consisting  of  a  director,  clerk  and 
treasurer,  notice  of  which  meeting  shall  be  given  by  printed 
notices  posted  in  five  public  places  in  the  districts  uniting.  As 
soon  as  such  officers  are  elected  and  have  taken  the  oath  of 
office,  the  county  superintendent  shall  declare  the  old  districts 
disorganized ;  provided,  that  said  school  board  is  authorized  to 
maintain  separately  till  the  end  of  the  term  any  schools  that 
may  be  in  session  at  the  time  of  consolidation. 

SEC.  146.  Consolidation  with  a  District  Containing  a  Graded 
School.  [Laws  1911,  ch.  275,  sec.  2.]  Any  school  district  may 
be  annexed  to  a  school  district  containing  a  graded  school  upon 
a  proposition  for  such  annexation  receiving  a  majority  of  votes 
cast  at  an  election  called  for  that  purpose  as  provided  for  in 
section  1  of  this  act,  and  upon  said  proposition  receiving  the 
approval  of  the  district  board  of  the  school  district  containing 
said  graded  school.  Upon  the  county  superintendent  receiving 
notification  that  such  proposition  has  been  carried  at  said  elec- 
tion and  approved  by  the  school  board  of  the  school  district 
containing  the  graded  school,  the  county  superintendent  shall 
annex  said  district.  Such  annexation  shall  take  place  in  ac- 
cordance with  section  7435  of  the  General  Statutes  of  1909, 
and  after  such  district  is  formed  it  shall  be  governed  by  the 
provisions  governing  consolidated  districts.  A  graded  school 
for  the  purpose  of  this  act  shall  be  one  in  which  two  or  more 
teachers  are  employed. 

SEC.  147.  Transportation  of  Pupils.  [Laws  1911,  ch.  275, 
sec.  3.]  The  district  board  of  consolidated  school  districts 
shall  provide  for  the  comfortable  transportation  of  the  pupils  of 
said  districts  living  two  or  more  miles  from  the  school  by  the 
usually  traveled  road  in  a  safe  and  enclosed  conveyance  or 
conveyances,  and  shall  establish  such  rules  and  regulations  as 
may  be  necessary  for  carrying  out  the  provisions  of  this  sec- 
tion. 

SEC.  148.  Powers  of  District  Meetings  and  of  District  Board. 
[Laws  1911,  ch.  275,  sec.  4.]  The  annual  or  special  meetings  of 
consolidated  school  districts  shall  have  such  general  powers 
and  duties  as  are  provided  by  law  for  school-district  meetings.80 
I  he  duties  and  powers  of  the  district  board  of  consolidated 
districts  shall  include  those  provided  by  law  for  district  boards. 

SEC.  149.  County  Superintendent  Notified.  [7433.]  Upon 
the  organization  of  such  union  school  districts,  as  hereinbefore 
provided,  the  clerk  of  the  board  thereof  shall  notify  the  county 
superintendent  m  writing  that  such  action  has  been  taken. 
(Laws  1901,  ch.  305,  sec.  3.) 

SEC.  150.    Record  Boundaries.     [7434.]     The  boundary  of 
80.    See  chapter  XXXI  of  this  book. 


Ch.  7]  CONSOLIDATION.  67 

the  union  district,  when  formed,  shall  include  the  territory  of 
the  districts  so  uniting,  and  the  county  superintendent  shall, 
upon  proper  notice  thereof,  at  once  make  a  record  of  such 
boundary;  provided,  that  by  vote  of  the  electors  of  any  district 
uniting  to  form  a  union  district  part  of  the  district  may  unite 
with  one  union  district  and  part  with  another  adjacent  union 
district.  (Laws  1901,  ch.  305,  sec.  4.) 

SEC.  151.  Property  of  Districts.  [7435.]  Upon  the  organi- 
zation of  such  union  school  district,  all  school  property,  except 
as  hereinbefore  provided,  heretofore  owned  by  the  several  dis- 
tricts so  uniting,  shall  at  once  become  the  property  of  such 
union  school  district,  and  the  board  of  directors  of  the  said 
union  school  district  are  hereby  authorized  to  dispose  of  any  or 
all  such  property  as  the  best  interests  of  such  district  may  re- 
quire. (Laws  1901,  ch.  305,  sec.  5.) 

SEC.  152.  Name.  [7437.]  Such  union  school  district,  when 
formed,  shall  be  known  as  union  school  district  No.  — ,  county 
of  -  — ,  state  of  Kansas,  and  be  a  body  corporate,  with 
power  to  sue  and  be  sued.  (Laws  1901,  ch.  305,  sec.  7.) 

SEC.  153.  Powers  and  Duties  of  District  Board*1  [7438.] 
The  duties  and  powers  of  the  board  of  directors  heretofore 
mentioned  shall  be  the  same  as  those  provided  by  law  for 
school-district  boards.  (Laws  1901,  ch.  305,  sec.  8.) 

81.    See  chapter  X  of  this  book. 


68 


COUNTY   SCHOOL   FUND. 


[Ch.8 


CHAPTER  VIII. — COUNTY  SCHOOL  FUND. 


§154.  County  treasurer  shall  collect  all 
moneys  due  to  the  county  school 
fund. 

165.  County  clerk  shall  report  amount  of 
county  school  fund  to  county  su- 
perintendent. 

156.  Justices    shall    report    to    county    su- 

perintendent proceeds  of  fines  and 
estrays. 

157.  Moneys    and    property,    delivered    to 

whom. 


§158.    No  compensation. 

159.  Penalty   if   county   treasurer   fails   to 

pay  over. 

160.  Unclaimed    money    shall    be    paid    by 

administrator    into    county    school 
fund,   when. 

161.  Fines    and    penalties    paid   into   com- 

mon-school  fund. 


SECTION  154.  County  Treasurer.  [7730.]  The  county 
treasurer  shall  collect  all  moneys  due  the  county  for  school  pur- 
poses from  fines,  forfeitures,  or  proceeds  from  the  sale  of 
estrays,  and  all  moneys  paid  by  persons  as  equivalent  for  ex- 
emption from  military  duty ;  and  he  shall,  upon  proper  applica- 
tion of  the  district  treasurer  of  any  district  in  the  county,  pay 
over  to  the  said  district  treasurer  the  amount  apportioned 
to  the  district  by  the  county  superintendent.82  He  shall  also 
collect  the  delinquent  taxes  on  real  estate  in  any  district,  in 
the  same  manner  as  county  taxes  are  collected,  whenever  such 
delinquent  tax  list  shall  have  been  lawfully  reported  and  re- 
turned to  him,  and  he  shall  pay  the  same  over  to  the  treasurer 
of  the  district  to  which  such  delinquent  taxes  are  due ;  and  if 
any  county  treasurer  shall  refuse  to  deliver  over  to  the  order 
of  the  county  superintendent  any  school  money  in  his  posses- 
sion, or  shall  use  or  permit  to  be  used  for  any  other  purpose 
than  is  specified  in  this  act  any  school  money  in  his  possession, 
he  shall  on  conviction  thereof  be  adjudged  guilty  of  a  mis- 
demeanor, and  be  punished  by  a  fine  not  exceeding  $500,  or  by 
imprisonment  in  the  county  jail  not  exceeding  one  year.  (Laws 
1876,  ch.  122,  art.  17,  sec.  1.) 

SEC.  155.  County  Clerk.  [7731.]  The  county  clerk  of  each 
county  shall,  on  the  first  Mondays  of  March  and  July  of  each 
year,  make  out  and  transmit  to  the  county  superintendent  a 
true  statement  of  any  county  school  money  then  in  the  county 
treasury.  (Laws  1876,  ch.  122,  art.  17,  sec.  3.) 

SEC.  156     Justice  of  the  Peace.     [7732.]     Each  justice  of 

the  peace  shall  report  to  the  county  superintendent,  on  the  1st 

lay  of  March  and  on  the  25th  day  of  July  of  each  year,  the 

amount  received  from  the  proceeds  of  fines  and  estrays  during 

x  months  preceding,  and  belonging  to  the  school  fund  of 

the  county;  and  each  justice  of  the  peace,  at  the  time  of  mak- 

:  to  the  county  superintendent,  shall  promptly  pay 

The  county  school  fund  is  added  to  the  allotment  received  from 
tendeS:  apportioned  as  one  fund  by  the  county  superin- 


Ch.  8]  COUNTY   SCHOOL  FUND.  69 

all  of  said  proceeds  to  the  county  treasurer,  to  be  disbursed  by 
the  county  superintendent  at  the  next  ensuing  semiannual 
dividend.  (Laws  1876,  ch.  122,  art.  17,  sec.  3.) 

SEC.  157.  Moneys  and  Property.  [7733.]  All  persons  hav- 
ing school  moneys  or  other  school  property  in  their  possession, 
by  virtue  of  any  act  heretofore  passed,  are  hereby  required 
to  pay  over  and  deliver  the  same  to  the  proper  officers  provided 
for  by  this  act.  (Laws  1876,  ch.  122,  art.  17,  sec.  4.) 

SEC.  158.  No  Compensation.  [7734.]  No  county  treasurer 
shall  receive  any  compensation  for  disbursing  or  receiving 
either  county  or  state  school  moneys.  (Laws  1876,  ch.  122,  art. 
17,  sec.  5.) 

SEC.  159.  Fine.  [7735.]  Any  county  treasurer  who  shall 
neglect  or  fail  to  pay  over  any  school  money  in  the  treasury, 
on  application,  shall  be  subject  to  a  fine  of  not  less  than  $500 
for  every  such  neglect  or  failure.  (Laws  1876,  ch.  122,  art.  17, 
sec.  6.) 

SEC.  160.  Unclaimed  Moneys.  [7698.]  If  any  sum  of 
money  directed  by  an  order  of  the  court  to  be  distributed  to 
heirs,  next  of  kin  or  legatees  shall  remain  for  the  space  of  one 
year  unclaimed,  the  executor  or  administrator  shall  pay  over 
the  same  to  the  treasurer  of  the  county  for  the  benefit  of  com- 
mon schools  of  the  county.  (Laws  1876,  ch.  122,  art.  15,  sec.  7.) 

SEC.  161.  Common-school  Fund.  [6908.]  All  fines  and 
penalties  imposed,  and  all  forfeitures  incurred,  in  any  county, 
shall  be  paid  into  the  treasury  thereof,  to  be  applied  to  the 
support  of  common  schools.  (Gen.  Stat.  1868,  ch.  82,  sec.  332.) 


70 


DISTRICT  SCHOOLS. 


[Ch.9 


CHAPTER  IX. — DISTRICT  SCHOOLS. 


§162.    Branches  taught  in  common  schools; 
instruction  in  English  language. 

163.  School   month    defined. 

164.  District   schools    free   to   all    resident 

children. 

165.  Penalty  for  violation  of  this  article; 

shall  not  apply  to  officers  of  cities 
of  first  and  second  class. 

166.  Pupils    with    contagious    diseases    ex- 

cluded, when. 

167.  When  a  tuition  fee  may  be  assessed. 

168.  Minimum   term. 

169.  State  and  county  aid. 


§170.    Duties  of  county  superintendent  and 
county    commissioners. 

171.  Duties      of     county      superintendent, 

state     superintendent     and     state 
treasurer. 

172.  Amount  apportioned  to    each    district. 

173.  County     superintendent     to     provide 

school,    when  ;    penalty. 

174.  Restrictions     on     the     formation     of 

new   districts. 

175.  Appropriation. 

176.  Schools     discontinued,      when  ;     com- 

pensation. 


SECTION  162.  Branches  Taught.  [7478.]  That  in  each  and 
every  school  district  shall  be  taught  orthography,  reading, 
writing,  English  grammar,  geography,  arithmetic,  history  of 
the  United  States,  and  history  of  the  state  of  Kansas,  and 
such  other  branches  as  may  be  determined  by  the  district 
board;83  provided,  that  the  instruction  given  shall  be  in  the 
English  language.  (Laws  1903,  ch.  435,  sec.  1.) 

SEC.  163.  School  Month.  [7479.]  A  school  month  shall  con- 
sist of  four  weeks  of  five  days  each,  of  six  hours  per  day. 
(Laws  1876,  ch.  122,  art.  5,  sec.  2.) 

SEC.  164.  Free  Schools.  [7480.]  The  district  schools  es- 
tablished under  the  provisions  of  this  act  shall  at  all  times  be 
equally  free  and  accessible  to  all  the  children  resident  therein 
over  five  and  under  the  age  of  twenty-one  years,  subject  to 
such  regulations  as  the  district  board  in  each  may  prescribe. 
(Laws  1876,  ch.  122,  art.  5,  sec.  3.) 

SEC.  165.  Penalty.  [7481.]  The  members  of  any  district 
board  wilfully  violating  any  of  the  provisions  of  this  article, 
or  refusing  the  admission  of  any  children  into  the  common 
schools,  shall  forfeit  to  the  county  the  sum  of  $100  each  for 
every  month  so  offending  during  which  such  schools  are 
taught;  and  all  moneys  forfeited  to  the  common-school  fund 
of  the  county  under  this  act  shall  be  expended  by  the  county 
superintendent  for  the  education  of  such  children  in  the  school 
district  denied  such  equal  educational  advantages;  provided, 
that  any  member  of  said  board  who  shall  protest  against  the 
action  of  his  said  board  in  excluding  any  children  from  equal 
educational  advantages,  or  in  violating  any  of  the  provisions 
of  this  article,  shall  not  be  subject  to  the  penalty  herein 
named;  and  provided  further,  that  the  provisions  of  this  act 

83.  By  Laws  of  1885,  chapter  169,  section  1,  physiology  and  hygiene, 
with  special  reference  to  the  effects  of  alcoholic  stimulants  and  narcotics 
upon  the  human  system,  must  also  be  taught  in  each  public  school  sup- 
ported by  public  money  and  under  state  control.  (See  section  85  of  this 
book.) 


Ch.  9]  DISTRICT   SCHOOLS.  71 

shall  not  apply  to  cities  of  the  first  or  second  class.    (Laws 
1877,  ch.  170,  sec.  2.) 

SEC.  166a.  Contagious  Disease.84  [7482.]  No  pupil  infected 
with  any  contagious  disease  shall  be  allowed  to  attend  any 
common  school,  or  remain  in  any  schoolroom  while  so  in- 
fected. (Laws  1876,  ch.  122,  art.  5,  sec.  5.) 

SEC.  1666.  Not  Attend  School;  Contagious  Disease.  [8079.] 
No  person  afflicted  with  any  infectious  or  contagious  disease 
dangerous  to  the  public  health  shall  be  admitted  into  any  pub- 
lic or  private  school.  No  parent,  guardian,  tutor,  or  other 
person  having  charge  or  control  of  children,  whose  residence 
is  infected  with  smallpox,  cholera,  scarlet  fever,  diphtheria, 
epidemic  cerebro-spinal  meningitis,  or  other  infectious  or 
contagious  disease  dangerous  to  the  public  health,  shall  allow 
or  permit  them  to  attend  any  public  or  private  school  during 
the  continuance  of  such  infection,  or  until  the  premises  have 
been  thoroughly  disinfected  and  all  danger  from  contagion  has 
passed.  (Laws  1901,  ch.  285,  sec.  6.) 

SEC.  167.  Tuition  Fee.  [7483.]  Whenever  there  be  not  pub- 
lic money  enough  belonging  to  any  school  district  to  support 
a  public  school  the  length  of  time  determined  at  the  annual 
meeting,  or  at  a  special  meeting  duly  called,  the  district  board, 
to  meet  said  deficiency,  may  assess  a  tuition85  fee  upon  each 
scholar  attending  such  school,  the  assessment  to  be  propor- 
tioned to  the  number  of  days  each  pupil  has  been  in  actual 
attendance  during  the  term;  provided,  that  no  tuition  fee 
shall  be  levied  upon  the  scholars  in  any  of  the  public  schools 
of  this  state,  in  accordance  with  the  provisions  of  this  act, 
unless  the  entire  amount  of  one  per  cent  for  teachers'  wages, 
as  required  by  law,  be  first  assessed  upon  the  taxable  property 
of  said  school  district.  (Laws  1876,  ch.  122,  art.  5,  sec.  6.) 

SEC.  168.  Minimum  Term.  [Laws  1911,  ch.  268,  sec.  1.] 
That  all  school  districts  in  which  provision  is  not  made  for 
the  free  tuition  and  comfortable  transportation  of  all  pupils 
to  a  public  school  in  some  other  school  district  or  districts  for 
not  less  than  seven  months  each  school  year  shall  maintain 
a  public  school  for  a  period  of  not  less  than  seven  months  be- 
tween the  1st  day  of  September,  and  the  1st  day  of  the  fol- 
lowing June.  Cities  of  the  first  and  second  class  shall  main- 
tain not  less  than  eight  months  of  school  each  school  year. 

SEC.  169.  State  and  County  Aid.  [Laws  1911,  ch.  268,  sec. 
2.]  That  for  the  purpose  of  providing  at  least  seven  months 
of  school  each  year  for  all  the  youth  of  this  state,  whose 
parents  or  guardians  live  in  public-school  districts  the  funds 
of  which  are  not  sufficient  to  maintain  school  for  seven  months, 
there  shall  be  paid  to  each  such  district  by  the  state,  as  here- 

84.  This  is  not  suspension  as  designated  in  section  214. 

85.  See  note  159,  sec.  430. 


72  DISTRICT  SCHOOLS.  [Ch.  9 

inafter  provided,  three-fourths  of  the  difference  between  the 
amount  necessary  to  maintain  seven  months'  school  and  the  an- 
nual income  of  the  district  from  all  sources,  and  the  remaining 
deficiency  to  the  amount  of  one-fourth  shall  be  a  proper  charge 
upon  the  county  and  paid  as  other  county  expenditures;  pro- 
vided, that  no  aid  shall  be  given  any  public-school  district 
unless  said  district  shall  have  voted  an  amount  of  money  repre- 
senting not  less  than  four  and  one-half  mills  of  the  assessed 
valuation  of  such  district ;  and  provided  further,  that  all  dis- 
tricts receiving  aid  under  the  provisions  of  this  act  shall  follow 
the  course  of  study  as  prescribed  by  the  State  Board  of  Ed- 
ucation and  shall  employ  a  qualified  teacher  recommended  by 
the  county  superintendent. 

SEC.  170.  Duties  of  County  Superintendent  and  County 
Commissioners.  [Laws  1911,  ch.  268,  sec.  3.]  That  it  shall  be 
the  duty  of  the  superintendent  of  each  county  within  the  state, 
on  or  before  August  1st  of  each  year,  under  oath,  to  certify  to 
the  county  clerk  an  estimated  amount  that  will  be  due  the 
several  school  districts  under  the  provisions  of  this  act  from 
the  county  (and  it  shall  then  be  the  duty  of  the  commissioners 
to  provide  a  levy  sufficient  to  raise  the  amount  required  for 
the  current  school  year)  ;  provided,  that  such  estimate  shall 
include  a  statement  as  to  each  district  concerned  as  to  valua- 
tion, area,  school  census  and  proposed  total  expenditures  for 
teacher  and  incidental  expenses. 

SEC.  171.  Duties  of  County  Superintendent,  State  Superin- 
tendent and  State  Treasurer.  [Laws  1911,  ch.  268,  sec.  4.] 
That  it  shall  be  the  duty  of  the  superintendent  of  each  county 
within  the  state,  on  or  before  the  second  Monday  in  January 
of  each  year,  under  oath,  to  certify  to  the  county  treasurer 
the  total  amount  due  each  district  from  the  state  and  from 
the  county,  and  also  to  certify  to  the  state  superintendent  of 
public  instruction  the  number  of  each  school  district  in  his 
county  entitled  to  state  and  county  aid  under  the  provisions 
of  this  act,  the  tax  levy  for  each,  the  expenditures  of  each, 
the  amount  due  each  from  the  state,  the  area,  the  school  census, 
and  such  other  items  as  the  state  superintendent  may  require, 
t  shall  be  the  duty  of  the  state  superintendent,  on  or  before 
the  last  Monday  in  March  of  each  year,  -to  certify  the  amount 
of  state  aid  due  the  several  districts  under  the  provisions  of 
this  act  to  the  several  county  treasurers,  and  the  amount  due 
each  county  to  the  state  auditor,  and  the  state  auditor  shall 
draw  warrants  on  the  state  treasurer  in  favor  of  the  various 
counties  for  the  sums  as  specified  by  the  state  superintendent. 
The  state  treasurer  shall  remit  said  amount  to  the  county 
treasurers  of  the  several  counties  entitled  to  the  same,  who 
shall  place  the  amounts  to  the  credit  of  the  proper  districts 
of  their  respective  counties  in  accordance  with  the  instruction 
o±  the  state  superintendent  and  as  certified  by  the  -county  su- 


Ch.  9]  DISTRICT   SCHOOLS.  73 

perintendent ;  provided,  that  at  the  same  time  the  several 
amounts  due  from  the  county  to  said  districts  shall  be  placed 
to  the  credit  of  such  districts. 

SEC.  172.  Amount  Apportioned  to  Each  District.  [Laws 
1911,  ch.  268,  sec.  5.]  That  to  determine  the  amount  to  be 
apportioned  to  each  district,  the  county  superintendents  shall 
find  the  estimated  expenditures  of  the  district  for  the  current 
year  and  subtract  therefrom  the  estimated  income  of  that  dis- 
trict from  all  sources  for  the  current  year.  The  estimated  income 
for  the  current  year  shall  be  the  sum  of  all  moneys  belonging 
to  the  district  on  hand  in  the  district  and  county  treasuries, 
plus  the  amount  which  a  levy  of  a  four  and  one-half  mills  tax 
upon  the  assessed  value  of  the  district  will  raise,  plus  the  esti- 
mated apportionment  of  state  and  county  funds,  as  now  pro- 
vided by  law.  The  estimated  expenditures  for  the  current  year 
shall  be  the  amount  necessary  to  provide  for  a  teacher,  fuel  and 
incidentals,  and  to  maintain  school  for  seven  months ;  and  shall 
not  exceed  the  sum  of  $450  for  any  one  year  to  schools  receiv- 
ing such  state  and  county  aid. 

SEC.  173.  County  Superintendent  to  Provide  a  School, 
When;  Penalty.  [Laws  1911,  ch.  268,  sec.  6.]  That  upon  the 
failure  of  any  school  district  to  carry  out  the  provisions  of 
section  1  of  this  act  the  county  superintendent  shall  make  the 
required  tax  levy  and  certify  the  same  to  the  county  clerk  and 
proceed  to  carry  out  said  provisions;  and  after  September  1, 
the  school  district  neglecting  to  act,  he  shall  employ  a  teacher 
and  make  all  necessary  provisions  for  a  seven  months'  term  of 
school,  and  the  district  treasurer  shall  pay  such  itemized  ex- 
penses as  are  certified  to  by  the  county  superintendent.  The 
county  superintendent  shall  be  liable  under  section  7395  of  the 
General  Statutes  of  1909  for  neglect  or  refusal  to  perform  his 
duties  as  provided  in  this  act. 

SEC.  174.  Restrictions  on  the  Formation  of  New  Districts. 
[Laws  1911,  ch.  268,  sec.  7.]  That  new  districts  shall  not  be 
formed  with  an  assessed  valuation  of  less  than  $100,000,  and 
territory  shall  not  be  detached  from  any  school  district  the  as- 
sessed valuation  of  property  of  which  is  less  than  $100,000,  or 
the  valuation  of  property  of  which  would  thereby  be  reduced 
below  $100,000. 

SEC.  175.  Appropriation.  [Laws  1911,  ch.  268,  sec.  8.] 
That  for  the  purpose  of  carrying  out  the  provisions  of  this  act 
there  is  hereby  appropriated,  out  of  any  moneys  in  the  state 
treasury  not  otherwise  appropriated,  the  sum  of  $75,000  for 
the  fiscal  year  beginning  July  1,  1911,  and  $75,000  for  the  fiscal 
year  beginning  July  1,  1912,  or  as  much  thereof  as  may  be 
necessary  to  carry  out  the  provisions  of  this  act ;  provided,  that 
if  the  amount  appropriated  above  is  not  sufficient  to  pay  the 
full  sum  to  which  each  district  is  entitled  under  the  provisions 
of  this  act,  it  shall  be  divided  pro  rata  among  the ,  several 


74  DISTRICT   SCHOOLS.  [Ch.   9 

districts  in  proportion  to  the  amount  asked  for  by  the  county 
superintendent;  provided  further,  that  the  one-fourth  to  be 
paid  by  the  county  shall  if  insufficient  be  prorated  among  the 
districts  entitled  to  such  aid. 

SEC.  176.  Schools  Discontinued,  When;  Compensation. 
[Laws  1911,  ch.  268,  sec.  9.]  That  the  provisions  of  this  act 
shall  not  apply  to  districts  having  an  enumeration  of  less  than 
fifteen  children  of  school  age,  unless  said  districts  embrace  an 
area  of  twelve  square  miles  or  more ;  provided,  that  whenever 
the  number  of  children  of  school  age  in  any  school  district 
having  an  area  of  less  than  twelve  square  miles  shall  be  found 
to  be  less  than  fifteen  by  the  annual  school  census  no  school 
shall  be  maintained  in  such  school  district  during  the  following 
year  (unless  such  a  district  by  reason  of  its  valuation  is  able  to 
maintain  a  seven  months'  school  without  state  or  county  aid), 
and  the  district  board  of  such  district  shall  make  provision  for 
sending,  for  a  period  of  not  less  than  seven  months,  the  pupils 
of  such  school  district  to  such  school  or  schools  in  an  adjacent 
district  or  districts  as  said  district  board  may  determine ;  pro- 
vided, that  there  is  a  school  in  an  adjacent  district  to  which 
said  district  may  send  the  pupils.  As  full  compensation  for  the 
tuition  of  said  pupils  the  treasurer  of  the  district  from  which 
said  pupils  are  sent  shall  pay,  in  the  manner  prescribed  by  law, 
to  the  treasurer  of  the  district  or  to  the  board  of  education  of 
the  school  to  which  said  pupils  are  sent  an  amount  not  to  ex- 
ceed the  average  cost  per  pupil  per  week  for  maintaining  the 
school,  exclusive  of  school  buildings,  school  site  and  permanent 
improvements;  provided  further,  that  the  district  board  of  the 
district  in  which  school  is  discontinued  shall  provide  for  the 
transportation  of  the  pupils  of  said  district,  living  two  miles  or 
more  from  the  school  to  which  said  pupils  are  sent,  to  such 
school  or  schools  in  a  safe  and  comfortable  and  enclosed  con- 
veyance or  conveyances,  properly  heated,  and  the  expense  of 
such  transportation  shall  be  paid  by  said  school  district  in 
which  school  has  been  discontinued;  provided  further,  that 
when  any  school  district  within  the  provisions  of  this  act,  hav- 
ing voted  an  amount  of  money  representing  not  less  than  four 
and  one-half  mills  of  the  assessed  valuation  of  such  district, 
finds  its  funds  insufficient  to  pay  the  tuition  and  cost  of  trans- 
portation as  herein  provided,  the  state  shall  pay  to  said  district 
schools  three-fourths  of  the  difference  between  the  amount 
raised  by  said  district  from  all  sources  for  school  purposes 
and  the  cost  of  tuition  and  transportation  of  pupils  therein 
-i  t]1^  county  sha11  pay  from  the  general  fund  one-fourth  of 
said  difference;  provided,  that  not  more  than  seventy-five  dol- 
lars shall  be  given  to  any  district  whose  school  has  been  dis- 
continued according  to  the  provisions  of  this  act;  and  provided 
further  that  pupils  attending  school  in  another  school  district 
under  the  provisions  of  this  act  shall  have  the  same  legal 
rights,  including  the  right  of  admission,  and  be  under  the  same 


Ch.   9]  DISTRICT   SCHOOLS.  75 

jurisdiction  as  the  pupils  residing  in  the  school  district  in 
which  the  school  is  conducted;  provided,  that  such  admission 
shall  not  involve  the  addition  of  a  school  building  or  school 
buildings,  or  the  employment  of  an  additional  teacher;  pro- 
vided, that  any  district  having  an  area  of  less  than  twelve 
square  miles  and  a  school  population  of  less  than  fifteen  may 
maintain  its  school  for  not  less  than  seven  months  each  year, 
and  such  district  shall  not  receive  state  and  county  aid  in  ex- 
cess of  fifty  dollars. 


76 


DISTRICT   OFFICERS. 


[Ch.  10 


CHAPTER  X. — DISTRICT  OFFICERS. 


§177.    Officers;   term   of   office. 

178.  Official    oath. 

179.  Forfeiture    of    office;    vacancy,    how 

filled. 

180.  Duty  of  directors. 

181.  Duty  of  district  clerk. 

182.  Clerk   shall  be   ex  officio   clerk   of  all 

district  meetings. 

183.  Shall  draw  orders   on  district   treas- 

urer. 

184.  Clerk's     annual     report;     to     whom 

made,    when   and    how. 

185.  County  treasurers. 

186.  Treasurer   pay   no  money,   when. 

187.  Shall    report    to    each    county    super- 

intendent;  joint   district. 

188.  Penalty  for  false  report. 

189.  District  clerk  shall  report  to  county 

clerk  a  list  of  resident  taxpayers. 

190.  Fine    for    failure    to    report    district 

tax    to   county    clerk. 

191.  Shall      report      to     county      superin- 

tendent,   what. 

192.  District   and    city   clerks,    and    clerks 

of  boards  of  education,  shall  re- 
port bonded  indebtedness  to  county 
clerk. 

193.  Fine    for    not    delivering    records    to 

successor. 

194.  District  treasurer  shall  execute  bond. 

195.  Shall    pay   school   moneys,    on    whose 

order. 

196.  Shall     receive     school     moneys     from 

county  treasurer,   on   whose  order. 

197.  District    taxes    voted    but    not    levied 

in  any  year  shall  be  collected  with 
taxes  of  the  year  following. 

198.  District  treasurer  shall  keep  account, 

etc.  ;  shall  report  in  writing  at 
annual  meeting. 


§199.    Procedure,    if   he   does   not   pay   over 
moneys   to  his   successor. 

200.  Powers   and    duties   of   school-district 

board ;    schoolhouse    site,    etc. 

201.  Shall   have   care   of   property   of   dis- 

trict. 

202.  May  open  schoolhouse  for  the  use  of 

religious,  political,  literary,  scien- 
tific, mechanical  or  agricultural 
societies. 

203.  The   board    may    remove    schoolhouse 

or  other  improvement,  when ; 
probate  judge  may  appoint  ap- 
praisers to  condemn  site,  etc. 

204.  May  admit  non-resident  pupils,  when. 

205.  Discontinue  schools ;  send  children  to 

other  districts. 

206.  Send      children     to     other     districts, 

when. 

207.  Conveyance  of  pupiR. 

208.  District  boards  authorized  to  provide 

transportation. 

209.  Shall    hire    qualified    teachers ;     may 

dismiss   teachers   for   cause. 

210.  Employment   of   relatives. 

211.  Contracts  void. 

212.  Records   and    reports. 

213.  Shall    provide   necessary   appendages, 

when. 

214.  May  suspend  a  pupil  for  cause;  ap- 

peal. 

215.  Shall     furnish     teachers     with     daily 

register ;  shall  visit  schools. 

216.  Shall   cause   district   clerk    to   certify 

to  county  clerk  the  percentage  of 
district  taxes,  when. 

217.  Judgments,  how  obtained  ;  the  board  • 

liable,   when. 


SECTION  177.  Officers;  Term.  [7443.]  The  officers  of  each 
school  district  shall  be  a  director,  clerk,  and  treasurer,  who 
shall  constitute  the  district  board,86  and  who  shall  be  elected 
and  hold  their  respective  offices  as  follows;  At  the  annual 
meeting  in  1874  there  shall  be  elected  a  director,  who  shall  hold 
his  office  for  three  years ;  a  clerk,  who  shall  hold  his  office  for 
two  years;  and  a  treasurer,  who  shall  hold  his  office  for  one 
year;87  and  thereafter  at  each  annual  meeting  there  shall  be 
elected  one  member  of  said  board  in  place  of  the  outgoing 
member,  who  shall  hold  his  office  for  three  years,  and  until  his 
successor  shall  be  elected  and  qualified.88  (Laws  1876,  ch.  122, 
art.  4,  sec.  1.) 

86.  The  officers  of  a  school  district  constitute  the  board  of  directors  in 
such  sense  as  to  be  able  to  transact  the  school  business  of  the  district  only 
when  in  session  as  a  district  board.  As  the  law  is  silent  as  to  how  when 
and  where  the  district  board  shall  convene,  each  board  should  adopt  a  set 
of  rules  for  its  own  government. 

in  1914The  ^^  ^  dected  in  1912'  the  direct<>r  in  1913,  and  the  treasurer 
88.    Compensation  of  District  Officers.  Neither  the  district  meeting  nor 


Ch.  10]  DISTRICT   OFFICERS.  77 

SEC.  178.  Official  Oath.  [7444.]  School-district  officers  be- 
fore entering  upon  their  official  duties  shall  take  an  oath  to 
faithfully  perform  said  duties;89  and  the  chairman  of  any 
regular  or  special  meeting  is  hereby  authorized  and  empow- 
ered to  administer  such  oath.90  (Laws  1876,  ch.  122,  art.  4, 
sec.  2.) 

SEC.  179.  Office  Forfeited.  [7445.]  Every  person  duly 
elected  to  the  office  of  director,  clerk  or  treasurer  of  any  school 
district,  who  shall  refuse  or  neglect,  without  sufficient  cause,  to 
qualify  within  twenty  days  after  his  election  or  appointment, 
or  who,  having  entered  upon  the  duties  of  his  office,  shall  neg- 
lect or  refuse  to  perform  any  duty  required  of  him  by  the  pro- 
visions of  this  act,  shall  thereby  forfeit  his  right  to  the  office 
to  which  he  was  elected  or  appointed,  and  the  county  superin- 
tendent shall  thereupon  appoint  a  suitable  person  in  his  stead.91 
(Laws  1876,  ch.  122,  art.  4,  sec.  3.) 

SEC.  180.  Director.  [7446.]  The  director  of  each  district 
shall  preside  at  all  district  meetings,  and  shall  sign  all  orders 
drawn  by  the  clerk,  authorized  by  a  district  meeting  or  by  the 
district  board,  upon  the  treasurer  of  the  district,  for  moneys 
collected  or  received  by  him  to  be  disbursed  therein.  He  shall 
appear,  for  and  in  behalf  of  the  district,  in  all  suits  brought  by 
or  against  the  district,  unless  other  direction  shall  be  given  by 
the  voters  of  such  district,  at  a  district  meeting.  (Laws  1876, 
ch.  122,  art.  4,  sec.  4.) 

SEC.  181.  Clerk.  [7447.]  The  clerk  of  each  district  shall 
record  the  proceedings  of  his  district  in  a  book  provided  by  the 
district  for  that  purpose,  and  enter  therein  copies  of  all  re- 
ports made  by  him  to  the  county  superintendent ;  and  he  shall 
keep  and  preserve  all  records,  books  and  papers  belonging  to 
his  office,  and  deliver  the  same  to  his  successor  in  office.  (Laws 
1876,  ch.  122,  art.  4,  sec.  5.) 

the  district  board  has  the  right  to  authorize  or  direct  the  payment  of  any 
compensation  from  the  public  fund  to  members  of  the  board  for  their  serv- 
ices. 

See  section  483  for  the  term  of  officers  chosen  at  special  meetings.  They 
hold  their  offices  until  their  successors  are  elected  and  qualified. 

89.  Neglect  of  Duty.     Where  a  district  officer  neglects  or  refuses  to 
perform  a  duty,  the  proper  proceeding  to  compel  performance  is  a  writ 
of  mandamus. 

90.  A  district  officer  can  qualify  before  the  chairman  of  a  district 
meeting,   the  county   superintendent,   or   any  one  authorized  by   law  to 
administer  oaths. 

91.  A  county  superintendent  cannot  remove  a  district  officer.     Such 
removal  can  be  made  only  by  an  action  brought  in  court.    The  vacancy  be- 
ing declared,  the  county  superintendent  shall  appoint.     A  member  of  the 
district  board  cannot  continue  to  act  as  a  member  thereof  after  he  ceases 
to  be  a  resident  of  the  district,  nor  has  he  the  right  to  appoint  a  deputy  to 
discharge  the  duties  of  the  office.     See  section  115  with  regard  to  filling 
vacancies  on  the  district  board. 


78 


DISTRICT  OFFICERS.  [Ch.  10 


SEC  182  'Clerk  of  the  Board.  [7448.]  The  said  clerk  shall 
be  clerk  of  the  district  board  and  of  all  district  meetings, 
when  present  ;92  but  if  such  clerk  shall  not  be  present  at  any 
district  meeting,  the  voters  present  may  appoint  a  clerk  of 
such  meeting,  who  shall  certify  the  proceedings  thereof,  and 
the  same  shall  be  recorded  by  the  clerk  of  the  district.  (Laws 
1876,  ch.  122,  art.  4,  sec.  6.) 

SEC.  183.  Draw  Orders.  [7449.]  The  clerk  of  the  district 
shall  draw  orders  on  the  treasurer  of  the  district  for  moneys 
in  the  hands  of  such  treasurer  which  have  been  apportioned  to 
or  raised  by  the  district,  to  be  applied  to  the  payment  of 
teachers'  wages,  and  apply  such  money  to  the  payment  of  the 
wages  of  such  teachers  as  shall  have  been  employed  by  the 
district  board;  and  said  clerk  shall  draw  orders  on  the  said 
treasurer  for  moneys  in  the  hands  of  such  treasurer,  to  be  dis- 
bursed for  any  other  purpose  ordered  by  a  district  meeting93  or 
by  the  district  board,  agreeable  to  the  provisions  of  this  act.94 
(Laws  1876,  ch.  122,  art.  4,  sec.  7.) 

SEC.  184.  Clerk's  Annual  Report*5  [7450.]  The  clerk  of 
each  district  shall,  at  least  five  days  previous  to  the  annual 
meeting  in  July  of  each  year,  make  a  written  report,  which  he 
shall  submit  and  read  to  the  legal  voters  of  the  district  at  the 
annual  meeting  for  their  information  and  consideration.  If 
any  change  or  alteration  therein  be  necessary,  the  same  shall 
be  made,  and  it  shall  then  be  transmitted  to  the  county  superin- 
tendent of  public  instruction.  Said  report  shall  show:  (1) 
The  number  of  children,96  male  or  female,  designated  sepa- 
rately, residing  in  the  district  or  part  of  district  on  the  last 
day  of  June  previous  to  the  date  of  such  report,  over  the  age 
of  five  and  under  the  age  of  twenty-one  years;  (2)  the  number 
of  children  attending  school  during  the  year,  their  sex,  and 
branches  studied;  (3)  the  length  of  time  a  school  has  been 

92.  In  transacting  the  school  business  of  the  district,  the  members  of 
the  board  should  meet  as  a  district  board,  the  clerk  making  a  complete 
record  of  all  proceedings.    Members  of  the  school-district  board  have  not 
the  right  to  enter  into  contract  obligating  said  board  outside  of  a  regular 
meeting,  and  such  meeting  is  not  legal  unless  all  members  have  been 
notified  of  the  call  for  the  same. 

93.  A  clerk  can  legally  draw  an  order  upon  the  treasurer  for  the  dis- 
bursement of  moneys  without  a  meeting  of  the  district  board,  if  the  same 
has  been  authorized  by  a  district  meeting  or  by  the  district  board  at  any 
prior  meeting.    Example:    Order  for  teacher's  wages. 

94.  Should  the  director  or  other  member  of  the  board  refuse  to  sign  a 
legal  order,  payable  to  any  party  legally  entitled  to  receive  it,  such  officer 
may  be  compelled,  by  writ  of  mandamus,  to  sign. 

95.  This  section  should  be  amended  to  be  in  harmony  with  the  annual 
meetings  held  in  April.    In  school  districts  holding  their  annual  meeting 
in  April,  the  school  census  cannot  be  reported,  as  it  must  show  the  num~ 
ber  of  persons  of  school  age  of  the  date  of  June  30. 

96.  See  sections  91  and  92  of  this  book. 


Ch.  10]  DISTRICT  OFFICERS.  79 

taught  in  the  district  by  a  qualified  teacher,  the  name  of  the 
teacher,  the  length  of  time  taught  by  each  teacher,  ,and  wages 
paid;  (4)  the  amount  of  money  received  from  the  county  treas- 
urer, arising  from  disbursement  of  the  state  annual  school 
fund,  the  amount  received  from  district  taxes,  and  the  amount 
received  from  all  other  sources  during  the  year,  and  the  man- 
ner in  which  the  same  has  been  expended;  (5)  the  amount  of 
money  raised  by  the  district  each  year,  and  the  purposes  for 
which  it  was  raised;  (6)  the  kind  of  books  used  in  the  schools, 
and  such  other  facts  and  statistics97  in  regard  to  the  district 
school  as  the  county  superintendent  may  require.  (Laws  1889, 
ch.  220,  sec.  2.) 

SEC.  185.  County  Treasurers..  [7451.]  All  county  treasur- 
ers in  this  state  are  hereby  required  to  notify  clerks  of  all 
school  districts  in  their  respective  counties,  by  mail  or  other- 
wise, ten  days  prior  to  the  time  fixed  by  law  for  holding  the 
annual  district  meeting,  of  the  amount  of  money  drawn  from 
the  treasury  by  the  district  treasurer  of  his  district  since  the 
commencement  of  the  past  school  year,  and  shall  also  state  in 
the  same  notification  the  balance  remaining  on  hand,  if  any,  in 
the  county  treasury  to  the  credit  of  the  respective  districts. 
.(Laws  1889,  ch.  220,  sec.  3.) 

SEC.  186.  Treasurer  Pay  No  Money,  When.  [7452.]  The 
county  treasurer  shall  pay  no  money  to  the  district  treasurers 
of  his  county  after  the  close  of  the  school  year-,  June  30,  until 
after  the  annual  district  meetings  of  the  school  districts  have 
been  held.  (Laws  1889,  ch.  220,  sec.  4.) 

SEC.  187.  Clerk  of  Joint  District.  [7453.]  Whenever  a  school 
district  shall  lie  partly  in  two  or  more  counties,  the  clerk  of 
such  district  in  making  his  annual  report  shall  carefully  desig- 
nate the  number  of  children  resident  in  the  parts  of  the  coun- 
ties composing  the  district,  and  shall  report  to  the  county 
superintendent  of  public  instruction  of  each  of  the  counties  in 
which  such  district  may  be  partly  situated.  (Laws  1876,  ch. 
122,  art.  4,  sec.  9.) 

SEC.  188.  False  Report;  Penalty.  [7454.]  Every  clerk  of  a 
district  who  shall  wilfully  sign  a  false  report  to  the  county 
superintendent  of  his  county  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  punished  by  a  fine  not  exceeding  $100,  or  by 
imprisonment  not  exceeding  three  months.  (Laws  1876,  ch. 
122,  art.  4,  sec.  10.) 

SEC.  189.  Report  to  County  Clerk.  [7455.]  It  shall  be  the 
duty  of  the  several  district  clerks  in  this  state  to  make  out  a 
certified  list  of  all  persons  residing  within  their  respective  dis- 
tricts liable  to  pay  taxes,  and  transmit  the  same  to  the  county 
clerks  of  their  respective  counties  on  or  before  the  25th  day  of 

97.  The  clerk  is  required  to  furnish  such  data  as  the  county  superin- 
tendent requires. 


80 


DISTRICT   OFFICERS.  [Ch..lO 


August  annually,  except  in  incorporated  cities.  (Laws  1876, 
ch.  122,  art.  4,  sec.  11.) 

SEC.  190.  Penalty  for  Failure  to  Report.  [7456.]  Any  dis- 
trict clerk  who  shall  fail  to  report  the  tax  voted  by  his  district 
to  the  county  clerk,  as  is  provided  by  law,  shall  be  liable  to  a 
fine  of  not  less  than  fifty  dollars ;  and  it  is  hereby  made  the 
duty  of  the  county  superintendent  to  have  the  provisions  of  this 
act  enforced.  (Laws  1876,  ch.  122,  art.  4,  sec.  12.) 

SEC.  191.  Other  Reports.  [7457.]  The  district  clerk  shall 
report  to  the  county  superintendent  in  writing  the  names  and 
post-office  addresses  of  the  district  officers  elect,  within  two 
weeks  after  the  said  officers  shall  have  been  elected  or  ap- 
pointed and  qualified.  The  clerk  shall  also  report  to  the  county 
superintendent  the  time  of  the  commencement  of  each  term  of 
school,  within  two  weeks  from  the  commencement  of  such 
term.  (Laws  1876,  ch.  122,  art.  4,  sec.  13.) 

SEC.  192.  Report  of  Indebtedness.  [9604.]  That  in  addition 
to  the  duties  now  required  by  law  of  the  following  officers,  to 
wit,  township  clerks  and  clerks  of  incorporated  cities,  school- 
district  clerks  and  clerks  of  boards  of  education,  they  shall 
each  of  them  make  and  transmit  to  the  clerk  of  their  respect- 
ive counties,  on  or  before  the  5th  day  of  July  in  each  year,  a 
complete  certified  statement  of  the  floating  and  bonded  in- 
debtedness, with  date  of  issuing  and  maturing  of  outstanding 
bonds;  amount  of  sinking-fund,  if  any,  for  redeeming  the 
same;  and  such  other  information  as  may  be  required  by  the 
county  clerk  concerning  the  financial  condition  of  their  re- 
spective townships,  cities,  or  districts ;  and  when  no  outstand- 
ing indebtedness  exists,  such  fact  shall  be  reported.  (Laws 
1877,  ch.  90,  sec.  1.) 

SEC.  193.  Records.  [7464.]  Every  school-district  clerk  or 
treasurer  who  shall  neglect  or  refuse  to  deliver  to  his  successor 
in  office  all  records,  books  and  papers  belonging  to  his  office 
shall  be  subject  to  a  fine  not  exceeding  fifty  dollars.  (Laws 
1876,  ch.  122,  art.  4,  sec.  20.) 

SEC.  194.  Treasurer;  Bond.  [7458.]  The  treasurer  shall 
execute  to  the  district  a  bond  in  double  the  amount,  as  near 
as  can  be  ascertained,  to  come  into  his  hands  as  treasurer 
during  the  year,  with  sufficient  securities,  to  be  approved  by 
the  director  and  clerk,  conditioned  to  the  faithful  discharge 
of  the  duties  of  said  office.98  Such  bond  shall  be  justified  by 
the  affidavit  of  the  principal  and  his  sureties;  provided,  that 
the  director  of  the  district  or  the  county  superintendent  of 
public  instruction  shall  be  authorized  to  administer  the  oaths  in 
the  justification  of  the  treasurer  and  his  sureties.  And  said 

98.  It  is  not  proper  for  either  the  director  or  the  clerk  to  become 
surety  for  the  treasurer.  It  is  not  necessary  that  the  treasurer's  bonds- 
men be  residents  of  the  district,  though  they  ought  to  reside  in  the  county. 
Ihe  bond  becoming  insufficient  from  any  cause,  the  director  and  clerk 
may  require  the  bond  to  be  made  good. 


Ch.  10]  DISTRICT   OFFICERS.  81 

bond  shall  be  filed  with  the  district  clerk,  and  in  case  of  the 
breach  of  any  conditions  thereof,  the  director  shall  cause  a 
suit  to  be  commenced  thereon,  in  the  name  of  the  district, 
and  the  money  collected  shall  be  applied  by  such  director  to 
the  use  of  the  district,  as  the  same  should  have  been  applied 
by  the  treasurer ;  and  if  such  director  shall  neglect  or  refuse  to 
prosecute,  then  any  householder  in  the  district  may  cause  such 
prosecution  to  be  instituted.  (Laws  1879,  ch.  156,  sec.  1.) 

SEC.  195.  Duties.  [7459.]  The  treasurer  of  each  district 
shall  pay  out,  on  the  order  of  the  clerk,  signed  by  the  director 
of  the  district,  all  public  moneys  which  shall  come  into  his 
hands  for  the  use  of  the  district."  (Laws  1876,  ch.  122,  art. 
4,  sec.  15.) 

SEC.  196.  Receive  School  Moneys.  [7460.]  The  county 
treasurer  shall  pay  to  each  district  treasurer  in  the  county  all 
school  moneys  in  the  county  treasury  belonging  to  the  dis- 
trict, upon  the  order  of  the  director  and  clerk  of  the  district ; 
provided,  that  said  order  shall  be  accompanied  by  a  certificate 
from  the  district  clerk,  stating  that  the  treasurer  of  the  district 
has  executed  and  filed  his  bond  as  required  by  law.  (Laws 
1876,  ch.  122,  art.  4,  sec.  16.) 

SEC.  197.  District  Taxes.  [7461.]  Where  a  school  district 
tax  has  been  voted,  and  from  the  fault  or  negligence  of  any 
officer,  or  any  other  cause,  has  not  been  levied  and  collected  in 
any  year,  the  same  shall  be  added  to  and  collected  with  the 
taxes  of  the  year  following ;  and  the  county  treasurer  shall  pay 
over  to  the  treasurers  of  the  respective  school  districts  all 
taxes  he  may  have  collected  for  the  said  districts,  on  the  order 
of  the  district  clerk,  countersigned  by  the  director,  subject  to 
the  proviso  contained  in  section  52  of  this  act.100  (Laws  1876, 
ch.  122,  art.  4,  sec.  17.) 

SEC.  198.  Records  and  Reports.  [7462.]  The  treasurer  shall 
keep  a  book  in  which  he  shall  enter  all  the  moneys  received 
and  disbursed  by  him,  specifying  particularly  the  sources  from 
which  money  has  been  received  and  the  person  or  persons  to 
whom  and  the  objects  for  which  4he  same  has  been  paid  out. 
He  shall  present  to  the  district,  at  each  annual  meeting,  a 
report  in  writing,  containing  a  statement  of  all  moneys  re- 
ceived by  him  from  the  county  treasurer  during  the  year ;  also, 
all  moneys  collected  by  him  during  the  year  from  assessments 
in  the  district,  and  of  the  disbursements  made  by  him,  with 
the  items  of  such  disbursements,  and  exhibit  the  vouchers 
therefor,  which  report  shall  be  recorded  by  the  district  clerk; 
and  at  the  close  of  his  term  of  office  shall  settle  with  the  dis- 

99.  Registration.    When  a  warrant  is  presented  and  not  paid  for  want 
of  funds,  it  is  the  duty  of  the  treasurer  to  register  the  same,  and,  when 
the  proper  funds  are  received,  to  pay  said  warrant,  and  all  others  which 
have  been  similarly  presented,  in  the  regular  order  of  registration. 

100.  Section  196  of  this  book. 


82  DISTRICT  OFFICERS.  [Ch.  10 

trict  board,  and  shall  hand  over  to  his  successor  said  book, 
and  all  receipts,  vouchers,  orders  and  papers  coming  into  his 
hands  as  treasurer  of  the  district,  together  with  all  the  moneys 
remaining  in  his  hands  as  such  treasurer.  (Laws  1876,  ch.  122, 
art.  4,  sec.  18.) 

SEC.  199.  Prosecution  for  Failure.  [7463.]  If  any  district 
treasurer  shall  refuse  or  neglect  to  pay  over  any  money  in  his 
hands  belonging  to  the  district,  it  shall  be  the  duty  of  his 
successor  in  office  to  prosecute  without  delay  the  official  bond 
of  such  treasurer,  for  the  recovery  of  such  money.101  (Laws 
1876,  ch.  122,  art.  4,  sec.  19.) 

SEC.  200.  Powers  of  Board.  [7465.]  The  district  board  shall 
purchase  or  lease  such  a  site  for  a  schoolhouse  as  shall  have 
been  designated  by  the  voters  at  a  district  meeting,  in  the 
corporate  name  thereof,  and  shall  build,  hire  or  purchase  such 
schoolhouse  as  the  voters  of  the  district  in  a  district  meeting 
shall  have  agreed  upon,  out  of  the  funds  provided  for  that  pur- 
pose, and  make  sale  of  any  schoolhouse  site  or  other  property 
of  the  district,  and,  if  necessary,  execute  a  conveyance  of  the 
same  in  the  name  of  their  office,  when  lawfully  directed  by 
the  voters  of  such  district  at  any  regular  or  special  meeting, 
and  shall  carry  into  effect  all  lawful  orders  of  the  district. 
(Laws  1876,  ch.  122,  art.  4,  sec.  21.) 

SEC.  201.  School  Property.  [7466.]  The  district  board  shall 
have  the  care  and  keeping  of  the  schoolhouse  and  other  prop- 
erty belonging  to  the  district.  They  shall  have  power  to  make 
such  rules  and  regulations  relating  to  the  district  library  as 
they  may  deem  proper,  and  to  appoint  some  suitable  person 
to  act  as  librarian,  and  to  take  charge  of  the  school  apparatus 
belonging  to  the  district.  (Laws  1876,  ch.  122,  art.  4,  sec.  22.) 

SEC.  202.  Use  of  Schoolhouse.  [7476.]  The  district  board 
shall  have  the  care  and  keeping  of  the  schoolhouse  and  other 
property  belonging  to  the  district.  They  are  hereby  author- 
ized to  open  the  schoolhouse  for  the  use  of  religious,  political, 
literary,  scientific,  mechanical  or  agricultural  societies102  be- 
longing in  their  district,  for  the  purpose  of  holding  the  busi- 
ness or  public  meetings  of  said  societies,  under  such  regulations 
as  the  school  board  may  adopt.103  (Laws  1876,  ch.  125,  sec.  1.) 

SEC.  203.  Removal  of  Schoolhouse,  etc.  [7475.]  That  when- 
ever a  scholhouse  or  other  improvements  have  been  made  upon 

101.  See  section  193  of  this  book  for  penalty  for  refusing  or  neglect- 
Ing  to  turn  over  all  records  to  successor. 

102.  The  law  restricts  the  board  to  the  several  societies  named  in  the 
above  election.     The  board  cannot  legally  open  the  schoolhouse  for  uses 
other  than  the  above,  aside  from  the  use  of  the  schoolhouse  for  all  busi- 
ness connected  directly  with  the  schools  of  the  district. 

103.  This  section  does  not  mean  that  school  boards  must  open  the 
schoolhouse  for  the  purposes  mentioned,  but  that  they  may,  if  they  think 
3t  best  to  do  so. 


Ch.  10]  DISTRICT   OFFICERS.  83 

the  claim  of  any  settler  upon  any  of  the  public,  Indian  or 
railroad  lands  within  this  state,  to  which  the  said  settler  had 
no  title,  it  shall  be  lawful  for  the  school  directors  of  the  proper 
school  district  to  remove  the  said  schoolhouse  or  other  im- 
provements from  the  said  claim  at  any  time  within  one  year 
froni  the  time  that  the  settler  in  any  given  case  may  acquire 
a  title  to  his  said  claim;  provided,  that  if  the  said  settler,  in 
any  given  case,  shall  convey  to  said  board  of  school  directors 
one  acre  of  the  land  upon  which  said  schoolhouse  or  other 
improvements  are  situated,  the  same  shall  not  be  removed; 
and  provided  further,  that  if  any  schoohouse  shall  have  been 
built  of  stone,  brick,  or  frame,  costing  not  less  than  $500, 
the  probate  judge  of  the  county  shall  appoint  three  disinter- 
ested persons,  who  shall  appraise  and  condemn  one  acre  of 
such  land  upon  which  said  improvements  shall  have  been  lo- 
cated; and  it  shall  be  the  duty  of  the  school  director  of  such 
district  to  pay  the  owner  of  such  land  the  value  of  such  land 
as  found  by  said  appraisers.  (Laws  1876,  ch.  122,  art.  4, 
sec.  32.) 

SEC.  204.  Non-resident  Pupils.  [7467.]  The  district  board 
shall  have  power  to  admit  scholars  from  adjoining  districts. 
(Laws  1876,  ch.  122,  art.  4,  sec.  23.) 

SEC.  205.  Discontinue  Schools.  [7412.]  In  any  school  dis- 
trict, if  in  the  judgment  of  the  district  board,  the  county  su- 
perintendent concurring,  the  number  of  children  in  said  district 
and  the  distance  of  same  from  the  schoolhouse  would  not  war- 
rant the  continuance  of  the  school  in  said  district,  it  shall  then 
be  lawful  for  the  district,  at  its  annual  or  special  meeting 
called  for  the  purpose  hereinafter  stated,  and  called  in  ac- 
cordance with  the  law  providing  for  special  meetings  in  school 
districts,  to  make  provision  for  the  sending  of  the  children 
of  such  district  to  such  other  school  or  schools  as  may  seem 
in  their  judgment  best,  and  for  such  purpose  the  school  board 
is  authorized  to  issue  the  warrants  of  said  district  in  payment 
of  expenses  and  tuition  of  such  children;  provided,  such  ex- 
pense and  tuition  shall  not  exceed  ten  dollars  per  month  for 
each  child  nor  forty-five  dollars  in  any  one  month  for  all  of 
said  children  that  may  be  sent  to  other  schools;  and  provided 
further,  that  such  discontinuance  of  the  school  in  said  district 
shall  not  bar  the  district  from  its  share  of  the  state  school 
fund,  if  said  children  are  continued  in  the  school  or  schools  of 
other  districts  the  full  time  required  by  law  for  the  mainte- 
nance of  school  in  the  districts.  (Laws  1905,  ch.  386,  sec.  1.) 

SEC.  206.  Send  Children  to  Other  Districts.  [7413.]  If  in 
any  school  district  there  are  children  for  whom  it  will  be  more 
convenient,  by  reason  of  distance  from  the  school  of  the  dis- 
trict where  they  live,  to  attend  school  in  another  district,  the 
annual  school  meeting  may  make  an  order  sending  such  chil- 


g4  DISTRICT   OFFICERS.  [Ch.  10 

dren  to  the  school  of  some  other  convenient  district,*  and  the 
school  board  is  hereby  authorized  to  issue  the  warrants  of  the 
district  in  payment  of  the  extra  expense  and  tuition  of  such 
children ;  provided,  that  not  exceeding  four  dollars  per  month 
shall  be  paid  for  each  child;  provided  further,  that  the  children 
of  any  property-owner  owning  land  in  any  adjoining  school 
district,  other  than  in  towns  and  incorporated  cities,  may  have 
the  privilege  of  attending  school  in  such  adjoining  district 
without  extra  expense  and  tuition,  when  such  school  is  more 
convenient  by  reason  of  distance  from  the  school  of  the  dis- 
trict in  which  they  live.f  (Laws  1907,  ch.  321,  sec.  2.) 

SEC.  207.  Conveyance  of  Pupils.  [7429.]  That  in  any  school 
district  where  there  are  pupils  living  not  less  than  two  miles 
and  not  more  than  three  miles  from  the  schoolhouse  the  school 
board  of  such  district  may,  and  where  there  are  pupils  living 
three  miles  or  more  from  the  schoolhouse  such  school  board 
shall,  allow  to  the  parent  or  guardian  of  such  pupils  a  sum 
not  to  exceed  fifteen  cents  per  day,  for  not  to  exceed  one  hun- 
dred days  in  each  year  as  compensation  for  conveying104  such 
pupils  to  and  from  the  school;  provided,  that  no  such  com- 
pensation be  allowed  unless  the  pupil  is  actually  conveyed  to 
and  from  the  school.  (Laws  1907,  ch.  327,  sec.  1.) 

SEC.  208.  District  Boards  Authorized  to  Provide  Trans- 
portation. [Laws  1911,  ch.  273,  sec.  1.]  That  the  district 
board  of  any  school  district  may  provide  for  the  comfortable 
transportation  of  pupils  of  said  school  district  living  two  and 
one-half  or  more  miles  from  the  school  attended,  by  the  usual 
traveled  road,  in  a  safe  and  enclosed  conveyance  or  convey- 
ances, properly  heated,  and  said  district  board  is  authorized 
to  establish  such  rules  and  regulations  as  may  be  necessary 
for  carrying  out  the  provisions  of  this  act. 

SEC.  209.  Teachers.  [7468.]  The  district  board  in  each 
district  shall  contract  with  and  hire  qualified  teachers  105  for 

*  It  is  not  mandatory  on  a  school  district  to  receive  the  pupils  ordered 
to  be  sent  to  it  in  accordance  with  this  provision. 

t  The  supreme  court  has  decided  that  this  provision  is  constitutional. 
(See,  Evans  v.  School  District  No.  46,  81  Kan.  385.) 

104.  The  law  means  "not  to  exceed  fifteen  cents  per  day"  for  each 
conveyance,  regardless  of  the  number  of  pupils  conveyed.     The  district 
board  must  allow   a   reasonable   amount,   and   usually   fifteen   cents    is 
reasonable. 

105.  It  is  held   (1)  that  a  "qualified"  teacher  is  one  holding  a  legal 
certificate;  a  contract  with  any  other  than  a  legally  qualified  teacher  is 
not  a  legal  contract;   (2)   should  the  teacher's  certificate  expire  by  limit 
of  date  during  a  term  of  school,  said  teacher  must  procure  a  new  certifi- 
cate or  the  contract  becomes  null  and  void;  and   (3)   a  contract  to  teach 
made  by  a  district  board  with  a  member  of  said  board  is  contrary  to 
public  policy.    See  note  —  as  to  the  lack  of  authority  of  the  district  meet- 
ing to  determine  who  the  teacher  shall  be. 


Ch'.  10]  DISTRICT   OFFICERS.  85 

and  in  the  name  of  the  district,106  which  contract  shall  be  in 
writing,  and  shall  specify  the  wages  per  week  or  month  as 
agreed  upon  by  the  parties,  and  such  contract  shall  be  filed 
in  the  district  clerk's  office,107  and,  in  conjunction  with  the 
county  superintendent,  may  dismiss  for  incompetency,  cruelty, 
negligence,  or  immorality.108  (Laws  1876,  ch.  122,  art.  4,  sec. 
24.) 

SEC.  210.  Employment  of  Relatives.  [7524.]  Any  person 
being  related  to  a  school-district  officer  as  husband  or  wife,  son 
or  daughter,  shall  not  be  eligible  to  the  position  of  teacher  in 
such  school  district,  unless  employed  by  a  unanimous  vote  of  all 
the  members  of  such  board.  (Laws  1901,  ch.  304,  sec.  1.) 

SEC.  211.  Contracts  Void.  [7525.]  Any  contract  made  in 
violation  of  this  act 109  shall  be  null  and  void,  and  any  school- 
district  officer  so  violating  shall  be  liable  to  the  person  or  per- 
sons so  employed  for  all  claims  such  person  or  persons  may 
have  against  such  district  for  wages.  (Laws  1901,  ch.  304, 
sec.  2.) 

SEC.  212.  Records  and  Reports.  [7484.]  It  shall  be  the 
duty  of  the  teachers  of  every  district  school  or  graded  school 
to  keep,  in  a  register  for  this  purpose,  a  daily  record  of  the 
attendance  and  the  deportment  of  each  pupil,  and  of  the 
recitations  of  each  pupil  in  the  several  branches  pursued  in 
said  school,  and  to  make  out  and  file  with  the  district  clerk, 
at  the  expiration  of  each  term  of  the  school,  a  full  report  of 
the  whole  number  of  scholars  admitted  to  school  during  such 
term,  distinguishing  between  male  and  female,  the  text-books 
used,  the  branches  taught,  and  the  number  of  pupils  engaged 
in  the  study  of  said  branches,  and  any  other  information  the 
district  board  or  county  superintendent  may  require.110  The 
wages  of  a  teacher  for  the  last  month  of  a  school  term  shall 
not  be  paid  by  any  district  board,  unless  said  teacher  shall 

106.  Contract.     It  is  not  legal  for  a  school-district  board,  previous  to 
the  annual  meeting,  to  employ  teachers  for  the  new  term  of  school. 

107.  Teachers  are  entitled  to  pay  for  the  time  during  which  school  is 
dismissed  due  to  the  prevalence  of  a  contagious  disease  in  the  district. 

108.  Janitor  Work.    In  the  absence  of  any  .law  making  it  the  duty  of 
the  teacher  to  assume  the  responsibility  of  janitor  work  necessary  for  the 
comfort  and  good  order  of  the  school  under  her  charge,  such  work  being 
necessary   and   indispensable,   and   further,    since   the   provision   for   the 
equipment  of  the  school  is  clearly  the  duty  of  the  board,  the  inference  cer- 
tainly must  be  that  the  care  of  the  schoolhouse  property  belongs  to  the 
district  board,  and  in  no  way  can  it  be  construed  as  a  part  of  the  teacher's 
duties,  unless  the  contract  entered   into  by  the  same  shall   so  provide. 
Teachers  cannot  collect  pay  for  janitor  service  unless  the  contract  so 
provides. 

109.  See  section  210  of  this  book. 

110.  See  section  91  of  this  book  for  additional  reports  required  under 
the  compulsory-education  law. 


86  DISTRICT  OFFICERS.  [Ch.  10 

have  complied  with  the  requirements  of  this  section.     (Laws. 
1876,  oh.  122,  art.  6,  sec.  1.) 

SEC.  213.  Necessary  Appendages,  [6469.]  The  district 
board  shall  provide  the  necessary  appendages  ni  for  the  school- 
house  during  the  time  a  school  is  taught  therein,  and  shall  keep 
an  accurate  account  of  all  expenses  thus  incurred,  and  present 
the  same  for  allowance  at  any  regular  district  meeting.  (Laws 
1876,  ch.  122,  art.  4,  sec.  25.) 

SEC.  214.  Suspend  Pupil;  Appeal.  [7470.]  The  district 
board  may  suspend,  or  authorize  the  director  to  suspend,112 
from  the  privileges  of  a  school,  any  pupil  guilty  of  immorality 
or  persistent  violations  of  the  regulations  of  the  school,  which 
suspension  shall  not  extend  beyond  the  current  quarter  of  the 
school ;  provided,  that  the  pupil  suspended  shall  have  the  right 
to  appeal  from  the  decision  of  said  board  of  directors  to  the 
county  superintendent,  who  shall,  upon  a  full  investigation  of 
the  charges  preferred  against  said  pupil,  determine  as  to  his 
guilt  or  innocence  of  the  offense  charged,  whose  decision  shall 
be  final.113  (Laws  1876,  ch.  122,  art.  4,  sec.  26.) 

SEC.  215.  District  Board's  School  Duties.  [7471.]  The 
district  board  shall  furnish  each  teacher  with  a  suitable  daily 
register,  and  shall  visit  together,  or  by  one  or  two  of  their 
number,  all  the  schools  of  their  district,  at  least  once  a  term, 
and  at  such  other  periods  during  the  term  as  in  their  opinion 
the  exigencies  of  each  school  may  require;  at  which  visits 
they  shall  examine  the  register  of  the  teacher  and  see  that  it 
is  properly  kept,  and  inquire  into  other  matters  touching  the 
schoolhouse,  facilities  for  ventilation,  furniture,  apparatus, 
library,  studies,  discipline,  modes  of  teaching,  and  improve- 
ment of  the  school  ;114  shall  confer  with  the  teacher  in  regard 

111.  The  term  "appendages"  should  be  construed  broadly,  so  as  to  in- 
clude necessary  improvements,  such  as  well,  privy,  fence,  etc.     (30  Kan. 
378.) 

112.  Pupils  between  the  ages  of  eight  and  fifteen  can  be  suspended  only 
temporarily,  when  they  are  required  by  the  compulsory-attendance  law  to 
attend  school.     (See^  section  87.)     Cases  of  incorrigibility  come  within  the 
jurisdiction  of  the  juvenile  court  when  the  accused  is  under  the  age  of 
sixteen  years.     (See  section  87.) 

113.  The  right  of  the  teacher  to  punish  for  misconduct  extends  from 
the  time  the  pupil  leaves  home  to  go  to  school  until  he  returns  home  from 
school.     This,  however,  does  not  relieve  the  parent  from  control  of  the 
child  on  his  way  to  and  from  school.     The  control  of  school  children  on 
their  way  to  and  from  school  should  be  exercised  concurrently  by  the 
parents   and   teacher.     In   case   of   grave   misconduct,   the   teacher   can 
suspend  a  pupil  until  the  board  can  be  notified  of  such  action,  except 
when  required  by  the  compulsory-attendance  law  to  attend  school.     Due 
diligence  must  be  used  by  the  teacher  to  serve  notice  on  the  board. 

114  A  school  board  has  a  right  to  make  a  rule  requiring  constant  and 
prompt  attendance  at  school,  such  a  rule  having  in  view  the  securing  of 
the  very  object  contemplated  in  the  law  establishing  public  schools  The- 


Ch.  10]  DISTRICT  OFFICERS.  87 

to  condition  and  management,  and  make  such  suggestions  as 
in  their  view  would  promote  the  interest  and  efficiency  of  the 
school  and  the  progress  and  good  order  of  the  pupils.  The 
date  and  results  of  such  visits  shall  be  entered  by  the  clerk 
of  the  board  on  their  minutes.115  (Laws  1876,  ch.  122,  art.  4, 
sec.  27.) 

SEC.  216.  Taxes.  [Laws  1911,  ch.  271,  sec.  1.]  That  section 
7473  of  the  General  Statutes  of  1909  is  hereby  amended  so  as 
to  read  as  follows:  Sec.  7473.  It  shall  be  the  duty  of  the 
school-district  clerk  to  certify  to  the  county  commissioners  of 
their  respective  counties,  on  or  before  the  25th  day  of  July, 
annually,  the  aggregate  amount  by  them  determined  in  each 
district  to  be  necessary  for  school  purposes.  Upon  the  receipt 
of  such  certification  the  county  commissioners  shall,  on  or  be- 
fore the  first  Monday  in  August,  annually,  levy  on  the  real  and 
personal  property  in  each  district,  as  returned  by  the  assess- 
ment roll  of  the  county,  a  percentage  which  will  produce  an 
amount  equal  to  and  not  exceeding  by  more  than  five  per  cent 
the  amount  certified  by  the  district  clerk;  provided,  however, 
no  levy  shall  exceed  four  and  one-half  mills.  And  the  county 
clerk  is  hereby  authorized  and  required  to  place  the  same  on 
the  tax  roll  of  said  county,  in  a  separate  column  or  columns, 
designating  the  purpose  for  which  such  taxes  were  levied ;  and 
the  said  taxes  shall  be  collected  by  the  county  treasurer  and 
paid  over  to  the  treasurers  of  the  respective  school  districts  in 
the  county,  with  the  same  power  and  restrictions  and  under  the 
same  regulations  and  in  all  respects  as  to  the  sale  of  real  or 
personal  property.  He  shall  be  authorized  and  he  is  hereby  re- 
quired to  act  according  to  the  provisions  and  requisitions  of  the 
law  for  the  collection  of  taxes  for  state  and  county  purposes. 

SEC.  217.  Judgments.  [7474.]  Whenever  any  final  judg- 
ment shall  be  obtained  against  any  school  district,  the  district 
board  shall  levy  a  tax  on  such  taxable  property  in  the  district 
for  the  payment  thereof.116  Such  tax  shall  be  collected  as  other 
school-district  taxes,  but  no  execution  shall  issue  on  such  judg- 
ment against  the  school  district ;  and  in  case  the  district  board 

interests  of  the  pupil  and  of  all  the  members  of  the  school  require  prompt- 
ness and  regularity  in  attendance.  Courts  have  held  that  such  a  rule  may 
be  enforced.  See  chapter  IV  of  this  book. 

115.  Powers  of  District  Board.     The  district  board  has  the  power  to 
prescribe  the  necessary  rules  and  regulations  for  the  management  and 
government  of  the  school.     They  may  require  a  classification  of  pupils 
with  respect  to  the  branches  of  study  pursued,  and  with  respect  to  pro- 
ficiency or  degree  of  advancement  in  the  same,  and  that  there  shall  be 
prompt   attendance,    diligence   in    study,    and   proper    deportment.      The 
-course  of  study  is  prescribed  by  the  state  board  of  education.    See  section 

46  of  this  book. 

116.  A  judgment  tax  mayj>e  levied  in  addition  to  the  three  and  one- 
half  mills  for  general  school  purposes,  and  the  amount  of  tax  which  may 
"be  levied  to  pay  a  judgment  is  not  limited. 


88  DISTRICT   OFFICERS.  [Ch.  10 

neglect  to  levy  a  tax  as  aforesaid  for  the  space  of  thirty  days 
after  such  judgment  shall  become  final,  or  in  case  the  proper 
officer  shall  neglect  to  collect  the  tax  levied  within  the  time  and 
in  the  manner  provided  by  law,  then  the  judgment  creditor  of 
the  district  may  have  and  recover  a  judgment  against  the 
officer  or  officers  so  in  default  for  the  amount  due  him  on  such 
judgment  against  the  district,  with  costs,  upon  which  execu- 
tion shall  issue.  (Laws  1876,  ch.  122,  art.  4,  sec.  31.) 


Ch.  11] 


FINES  AND  PENALTIES. 


89 


CHAPTER  XI.— FINES  AND  PENALTIES. 


§218.    Jurisdiction  of  justices  of  the  peace. 

219.  Fines  and  penalties,   how  collected. 

220.  Penalty     for     receiving     bonus     from 

publisher  of  school-books. 


J221.  Officers  prohibited  from  taking  con. 
tracts,  doing  work  for  profit,  or 
furnishing  material. 


SECTION  218.  Jurisdiction.  [7549.]  Justices  of  the  peace 
shall  have  jurisdiction  in  all  cases  in  which  a  school  district 
is  a  party  interested,  when  the  amount  claimed  by  the  plain- 
tiff shall  not  exceed  $100 ;  and  the  parties  shall  have  the  right 
of  appeal,  as  in  other  cases.  (Laws  1876,  ch.  122,  art.  9, 
sec.  1.) 

SEC.  219.  How  Collected.  [7550.]  All  fines  and  penalties 
not  otherwise  provided  for  in  this  act  shall  be  collected  by  an 
action  in  any  court  of  competent  jurisdiction.  (Laws  1876, 
ch.  122,  art.  9,  sec.  2.) 

SEC.  220.  Penalty  for  Receiving  Bonus.  [7551.]  If  the 
state  superintendent,  or  any  county  superintendent  of  public 
instruction,  shall  receive  from  the  publisher  'of  any  school- 
books,  or  from  any  other  person  interested  in  the  sale  or  in- 
troduction of  any  book  into  the  public  schools  in  the  state,  any 
money  or  bonus  in  any  manner  as  an  inducement  for  the  recom- 
mendation or  introduction  of  any  such  book  into  the  public 
schools  of  the  state,  such  superintendent  shall,  upon  conviction 
thereof  before  any  court  of  competent  jurisdiction,  be  found 
guilty  of  a  misdemeanor,  and  shall  be  fined  in  a  sum  not  less 
than  $1000  nor  exceeding  $5000,  or  shall  be  imprisoned  in  the 
penitentiary  for  any  time  not  less  than  one  year  nor  more  than 
five  years,  or  both  such  fine  and  imprisonment.  (Laws  1876, 
ch.  122,  art.  9,  sec.  3.) 

SEC.  221.  Officers  Prohibited  from  Taking  Contracts,  Doing 
Work  for  Profit,  or  Furnishing  Material.  [2873.]  That  all 
officers,  state  and  county,  and  all  officers  appointed  or  elected 
for  the  purpose  of  overseeing  and  directing  any  of  the  public 
improvements  of  the  state,  and  all  officers  holding  and  exer- 
cising any  office  of  trust  or  profit  under  and  by  virtue  of  any 
law  of  the  state,  be  and  they  are  hereby  prohibited  from  tak- 
ing any  contract,  or  performing  or  doing  or  having  performed 
or  done  for  their  own  profit,  any  work  in  and  about  the  office 
holden  by  them,  or  in  or  about  any  work  over  which  they 
have  in  whole  or  in  part  the  supervision,  direction  or  control, 
and  from  furnishing  any  materials  used  in  any  such  work, 
and  from  furnishing  for  the  use  of  any  institution,  public 
work,  county,  township,  or  other  interest,  the  protection  of 
which  interest  is  a  part  of  the  duties  of  his  office,  any  fire- 
wood, clothing,  materials  for  building,  or  other  things  re- 
quired by  such  institution,  public  work,  county,  township  or 
other  interest  so  in  the  keeping,  in  whole  or  in  part,  of  such 
person.  (Laws  1867,  ch.  132,  sec.  4.) 


90 


FIRE  PROTECTION. 


[Ch.  12 


CHAPTER  XII.— FIRE  PROTECTION. 


§226.  Inspection,   duty   of   school   boards. 

227.  Fire  drills. 

228.  Penalty. 

229.  Time  for  compliance. 


§222. -Doors   of  schoolhouses. 

223.  Exits,    fire-escapes. 

224.  Furnaces. 

225.  Plans  of  buildings  submitted  to  state 

architect. 

SECTION  222.  Doors  of  Schoolhouses.  [7851.]  That  the 
doors  of  all  public  or  private  schoolhouses  of  more  than  one 
story  shall  open  outwards,  and  all  doors  of  schoolhouses  shall 
remain  unlocked  while  school  is  in  session.  (Laws  1909,  ch. 
209,  sec.  1.) 

SEC.  223.  Exits,  Fire-escapes.  [7852.]  That  in  every  public 
or  private  schoolhouse  of  two  or  more  stories  every  story 
above  the  first  shall  be  provided  with  either  two  or  more  exits 
from  the  upper  floor  separate  and  distinct  from  the  exits  of  the 
lower  floor,  or  shall  be  provided  with  sufficient  and  suitable 
fire-escapes,117  which  shall  be  built  of  iron  or  steel.  (Laws 
1909,  ch.  209,  sec.  2.) 

SEC.  224.  Furnaces.  [7853.]  That  the  tops  of  all  furnaces 
in  public  and  private  schoolhouses  shall  be  covered  with  as- 
bestos covering  or  masonry,  and  the  top  of  such  furnace  shall 
not  be  nearer  than  eighteen  inches  to  the  nearest  woodwork 
above.  The  ceiling  above  said  furnaces  shall  be  covered  with 
asbestos.  (Laws  1909,  ch.  209,  sec.  3.) 

SEC.  225.  Plans  of  Buildings  Submitted  to  State  Architect. 
[7854.]  That  no  contract  shall  be  let  for  the  erection  of  any 
school  building,  nor  shall  any  public  funds  be  paid  out  for 
the  erection  of  schoolhouses  of  two  or  more  stories,  until  the 
plans  for  such  buildings  shall  have  been  submitted  to  the  state 
architect  and  approved  as  to  all  the  requirements  of  this  act. 
(Laws  1909,  ch.  209,  sec.  4.) 

SEC.  226.  Inspection;  Duty  of  School  Boards.  [7855.]  That 
each  county  superintendent  shall  annually  inspect  each  public- 
school  building,  including  the  county-high-school  building,  in 
districts  under  his  supervision ;  and  the  mayor  or  fire  marshal 
shall  annually  inspect  all  public  and  private  school  buildings 
in  cities  of  the  second  class;  and  the  fire  marshal  shall  an- 
nually inspect  all  public  and  private  school  buildings  in  cities 
of  the  first  class.*  The  examining  officer  under  this  section 
shall  report  to  the  respective  school  boards  having  jurisdiction 
any  violation  of  this  act,  or  any  conditions  which  he  may  deem 
dangerous,  or  which  will  in  any  way  prevent  a  speedy  exit 

117.  A  ladder  fire-escape  is  not  a  "suitable"  fire-escape  for  a  school- 
house. 

*  See  sections  845-847,  General  Statutes  of  1909,  concerning  the 
condemning  of  buildings  in  cities  of  the  third  class. 


€h.  12]  FIRE  PROTECTION.  91 

from  the  building,  and  it  shall  be  the  duty  of  said  school  board 
when  thus  notified  immediately  to  make  such  changes  as  are 
required  by  this  act,  and  such  boards  are  hereby  authorized 
to  draw  upon  their  general  revenue  funds,  without  further 
appropriation,  to  comply  with  all  the  requirements  of  this 
act.  (Laws  1909,  ch.  209,  sec.  5.) 

SEC.  227.  Fire-drills.  [7856.]  That  in  every  public  or  private 
school  having  more  than  one  hundred  pupils  (excepting  col- 
leges and  universities)  a  fire-drill  and  summary  dismissal 
from  the  building  shall  be  practiced  at  least  once  each  month 
at  some  time  during  school  hours,  aside  from  the  regular  dis- 
missal at  the  close  of  the  day's  session.  (Laws  1909,  ch.  209, 
sec.  6.) 

SEC.  228.  Penalty.  [7857.]  That  any  officer  or  member  of  a 
school  board  who  shall  permit  any  provisions  of  this  act  to  be 
violated  for  sixty  days  may  be  removed  from  his  office  by  a 
civil  action.  Independent  of  such  civil  action,  any  officer, 
member  of  a  school  board,  city  superintendent,  principal  or 
teacher  violating  any  provision  of  this  act  shall  be  guilty  of 
a  misdemeanor,  and  shall  be  punished  by  a  fine  of  not  less 
than  fifty  dollars  or  more  than  five  hundred  dollars,  or  by 
imprisonment  in  jail  not  exceeding  six  months,  or  by  both  such 
fine  and  imprisonment;  provided,  however,  that  this  act  shall 
not  prevent  the  prosecution  and  punishment  of  an  officer  or 
other  person  under  the  ordinary  provisions  of  the  crimes  act 
for  death  or  injury  to  any  child  in  a  public  or  private  school 
occasioned  by  the  negligence  of  such  officer  or  other  person. 
(Laws  1909,  ch.  209,  sec.  7.) 

SEC.  229.  Time  for  Compliance.  [7858.]  That  within  sixty 
days  after  the  taking  effect  of  this  act  the  provisions  of  section 
1  of  this  act  must  be  fully  complied  with,  and  within  one  hun- 
dred and  twenty  days  the  provisions  of  sections  2  and  3  must 
be  complied  with;  and  any  neglect  to  comply  with  the  pro- 
visions of  this  act  beyond  the  times  herein  specified  shall  sub- 
ject the  officers  and  persons  named  in  this  act  to  the  penalties 
prescribed  in  this  act.  (Laws  1909,  ch.  209,  sec.  8.) 


92 


HIGH    SCHOOLS. 


[Ch.  13 


CHAPTER  XIIL— HIGH  SCHOOLS. 

ARTICLE  I. 

§230.    High-school    tuition.  §233.    Expulsion    for    membership    in    fra- 

231.  County   treasurer   collect   taxes.  ternities. 

232.  High-school  fraternities  ;  unlawful  to 

belong  to. 

SECTION  230.  High-school  Tuition.  [7790.]  That  all  school 
districts  located  in  counties  not  maintaining  a  county  high 
school  are  hereby  authorized,  at  each  annual  meeting  of  the 
several  school  districts,  to  levy,  in  the  manner  provided  by  law 
for  the  levying  of  other  taxes,  tax  sufficient  to  pay  in  full  the 
tuition  in  a  high  school  in  the  county  or  any  adjoining  county 
in  which  said  district  is  located  of  each  and  every  scholar 
whose  parents  or  guardians  are  actually  residing  in  said  dis- 
tricts in  good  faith  who  shall  desire  to  attend  the  said  high 
school  during  the  next  ensuing  year ;  the  number  of  such  schol- 
ars to  be  ascertained  and  determined  by  the  clerk  of  said  dis- 
trict immediately  prior  to  the  holding  of  the  annual  meeting  of 
said  district ;  provided,  however,  that  the  provisions  of  this  act 
shall  not  apply  to  any  county  in  which  was  adopted  the  provi- 
sions of  chapter  397  of  the  Session  Laws  of  1905.-  (Laws  1907, 
ch.  336,  sec.  1.) 

SEC.  231.  County  Treasurer  Collect  Taxes.  [7791.]  The 
taxes  provided  for  in  section  1  of  this  act  shall  be  paid  to  the 
county  treasurer  of  the  various  counties  as  other  taxes  are 
paid,  and  when  so  collected  shall  be  turned  over  to  the  school- 
district  treasurer  and  receipted  for  by  him  as  other  school 
moneys,  and  he  shall  keep  separate  accounts  of  such  funds,  and 
shall  pay  the  same  out  for  the  purposes  mentioned  in  this  act 
upon  the  same  terms  and  conditions  as  other  school-district 
moneys  are  paid  out.  (Laws  1899,  ch.  250,  sec.  2.) 

SEC.  232.  High-school  Fraternities;  Unlawful  to  Belong  to. 
[7752.]  It  shall  be  unlawful  for  the  pupils  of  any  high  schools 
to  participate  in  or  be  members  of  any  secret  fraternity  or 
secret  organization  whatsoever  that  is  in  any  degree  a  school 
organization.  (Laws  1907,  ch.  320,  sec.  1.) 

SEC.  233.  Expulsion  for  Membership  in  Fraternities. 
[7753.]  Any  boards  of  education  or  board  of  trustees  of  county 
high  schools  are  hereby  authorized  and  empowered  to  deny  to 
any  student  regularly  enrolled  in  such  high  school,  who  shall 
violate  section  1  of  this  act,  any  or  all  of  the  privileges  of  such 
high  school  or  to  expel  such  student  for  failure  or  refusal  to 
comply  with  the  requirements  of  this  act.  (Laws  1907,  ch. 
320,  sec.  2.) 


Ch.  13] 


COUNTY    HIGH    SCHOOLS. 


93 


ARTICLE  II. — COUNTY  HIGH  SCHOOLS  IN  COUNTIES  HAVING  A 
POPULATION  OF  OVER  6000. 


§246.    Three  courses  of  study  shall  be  pro- 
vided. 

247.  Tuition  ;   rules   and   regulations   to  be 

adopted  by  the  board  of  trustees. 

248.  Non-resident   pupils,    admitted   when. 

249.  Principal  shall  make  rules  and  regu- 

lations for  government   of   school. 

250.  Rights   and   privileges  of  those  grad- 

uating from  normal  course. 

251.  Report  of  trustees  to  board  of  county 

commissioners. 

252.  Vacancies   in  board   of  trustees,    how 

filled. 

253.  Salary    of   trustees. 


§234.    What   counties   may   establish. 

235.  Election,   how  called. 

236.  Ballots  canvassed. 

237.  Trustees    elected,    when    and   how. 

238.  Officers  of  board  of  trustees  ;  quorum. 

239.  Levy  by   trustees. 

240.  Levy  limited. 

241.  Levy  limited. 

242.  Taxes  levied  and  collected. 

243.  Duties  of  treasurer  and   secretary  of 

high    school. 

244.  Site  to  be  selected  and  purchased  by 

board  of  trustees  ;  may  lease  suit- 
able buildings. 

245.  Principal    and    assistant    teachers    to 

be  employed  by  board  of  trustees. 

SECTION  234.  What  Counties.  [7765.]  Each  county  having 
a  population  of  6000  inhabitants  or  over,  as  shown  by  the  last 
state  or  federal  census,  may  establish  a  county  high  school 
on  the  conditions  and  in  the  manner  hereinafter  prescribed, 
for  the  purpose  of  affording  better  educational  facilities  for 
pupils  more  advanced  than  those  attending  district  schools, 
and  for  persons  who  desire  to  fit  themselves  for  the  vocation 
of  teaching.  (Laws  1886,  ch.  147,  sec.  1.) 

SEC.  235.  Election.  [7766.]  When  one-third  of  the  electors 
of  a  county,  as  shown  by  the  returns  of  the  last  preceding 
election,  shall  petition  the  board  of  county  commissioners  re- 
questing that  a  county  high  school  be  established  in  their 
county,  at  a  place  in  the  said  petition  named,  or  whenever  the 
said  county  commissioners  shall  at  their  discretion  think 
proper,  they  shall  give  twenty  days'  notice  previous  to  the 
next  general  election,  or  previous  to  a  special  election  called 
for  that  purpose,  that  they  will  submit  the  question  to  the 
electors  of  said  county  whether  such  high  school  shall  be  es- 
tablished, and  at  the  place  specified,  at  which  election  the 
electors  of  the  county  shall  vote  by  ballot  for  or  against  es- 
tablishing such  high  school.  The  notice  contemplated  in  this 
section  shall  be  given  as  are  all  legal  notices  of  a  general  or  of 
a  special  election.  (Laws  1886,  ch.  147,  sec.  2.) 

SEC.  236.  Ballots  Canvassed.  [7767.]  After  said  election 
the  ballots  on  said  question  shall  be  canvassed  in  the  same  man- 
ner as  in  the  election  of  county  officers,  and  if  a  majority  of 
all  the  votes  cast  shall  be  in  favor  of  establishing  such  high 
school,  the  county  commissioners  shall  immediately  proceed  to 
appoint  six  persons,  who  shall  be  residents  and  freeholders  of 
the  county,  but  no  more  than  two  of  whom  shall  be  residents 
of  the  same  commissioner  district,  who  shall,  with  the  county 
superintendent  of  instruction,118  constitute  a  board  of  trustees 
for  said  school.  Each  of  said  trustees  appointed  as  aforesaid 

118.  The  county  superintendent  is  entitled  to  vote  on  all  questions 
coming  before  the  board  of  trustees. 


94  COUNTY   HIGH   SCHOOLS.  [Ch.  13 

shall  hold  his  office  until  his  successor  is  elected  and  qualified, 
and  shall  be  required,  within  ten  days  after  appointment,  to 
qualify  by  taking  the  usual  oath  of  office  and  by  giving  such 
bond  as  may  be  required  by  said  county  commissioners  for  the 
faithful  discharge  of  his  duties.  (Laws  1903,  ch.  432,  sec.  1.) 

SEC.  237.  Trustees  Elected,  When.  [7768.]  At  the  next 
general  election  after  said  appointment,  there  shall  be  elected  1] 
six  high-school  trustees,  but  no  more  than  two  of  whom  shall 
be  residents  of  the  same  commissioner  district ;  three  of  whom 
shall  serve  for  two  years  and  three  of  whom  shall  serve  for 
four  years,  the  respective  terms  to  be  decided  by  lot;  these 
terms  to  be  known  and  designated  as  short  term  and  full  term, 
respectively.  Each  two  years  thereafter  there  shall  be  elected 
three  trustees,  but  no  more  than  one  of  whom  shall  be  a  resi- 
dent of  the  same  commissioner  district,  to  serve  a  term  of 
four  years,  to  succeed  those  whose  term  is  about  to  expire.  In 
those  counties  in  which  county  high  schools  have  already  been 
established,  the  present  high-school  trustees  shall  serve  until 
after  the  election  in  1904,  at  which  time  six  county-high-school 
trustees  shall  be  elected,  but  no  more  than  two  of  whom  shall 
reside  in  the  same  commissioner  district,  and  all  of  the  above 
provisions  shall  thereafter  apply  to  said  counties.  Said  trustees 
shall  qualify  and  enter  upon  the  duties  of  their  office  in  the 
same  manner  and  at  the  same  time  as  other  county  officers. 
(Laws  1903,  ch.  432,  sec.  2.) 

SEC.  238.  President,  Secretary,  and  Treasurer.  [7769.] 
The  county  superintendent  12°  shall,  by  virtue  of  his  office,  be 
president  of  said  board  of  trustees.  At  their  first  meeting  in 
each  year  they  shall  appoint  from  their  own  number  a  secre- 
tary and  treasurer,  who  shall  perform  the  usual  duties  de- 
volving upon  such  officers,  and  shall  hold  office  for  one  year, 
or  until  their  successors  are  appointed  and  qualified.  Said 
treasurer  shall  give  such  additional  bond  as  the  county  com- 
missioners shall  deem  sufficient.  A  majority  of  said  board 
shall  constitute  a  quorum  for  the  transaction  of  all  business, 
but  four  votes  shall  be  required  to  decide  any  question.  (Laws 
1886,  ch.  147,  sec.  5.) 

SEC.  239.  Levy  by  Trustees.  [7770.]  That  the  board  of 
trustees  of  any  county  high  school  in  the  state  of  Kansas  shall 
at  its  first  meeting,  and  annually  thereafter  before  the  first  day 
of  August  of  each  succeeding  year,  make  an  estimate  of  the 
amount  of  funds  needed  for  building  purposes,  for  the  payment 
of  teachers'  wages,  for  contingent  purposes,  and  all  other  educa- 
tional  purposes  connected  with  said  high  school,  and  having 

119.  County-high-school  trustees  are  to  be  elected  by  the  entire  county. 

120.  The  county  superintendent  cannot  legally  be  allowed  any  addi- 
tional compensation  for  services  as  a  member  of  the  county-high-school 
board  except  where  his  salary  is  on  a  per  diem  basis. 


Ch.  13]  COUNTY   HIGH    SCHOOLS.  95 

made  such  estimate  shall  make  an  annual  levy  sufficient  to 
raise  the  amount  desired  for  such  purposes.  But  in  no  case 
shall  the  tax  for  such  purposes  exceed  in  one  year  the  amount 
of  the  levy  allowed  by  law  on  the  taxable  property  of  the 
county.  (See  note.)  (Laws  1909,  ch.  211,  sec.  1.) 

NOTE. — Limited  to  five-tenths  of  one  mill  by  Laws  1909,  ch.  245,  sec.  14 
(section  302  of  this  book). 

SEC.  240.  Levy  Limited.  [9407.]  For  the  purpose  of  main- 
taining the  county  high  schools  provided  for  by  chapter  147, 
Laws  of  1886,  the  board  of  trustees  shall  not  levy  to  exceed 
five-tenths  of  one  mill  on  the  assessed  valuation  of  the  county. 
(Laws  1909,  ch.  245,  sec.  14.) 

SEC.  241.  Levy  Limited.  [Laws  1911,  ch.  261,  sec.  1.]  For 
the  purpose  of  maintaining  county  high  schools  provided  for  by 
chapter  147,  Laws  of  1886,  the  board  of  trustees  shall  not  levy 
to  exceed  six-tenths  of  one  mill  on  the  assessed  valuation  of  the 
county;  provided,  this  act  shall  not  apply  to  counties  having 
a  valuation  in  excess  of  $30,000,000;  provided,  that  this  act 
shall  not  apply  to  counties  having  county  high  schools  which 
were  established  after  1904. 

SEC.  242.  Taxes  Levied  and  Collected.  [7771.]  Said  rate  of 
tax  shall  be  certified  to  the  county  clerk  of  the  county  in  which 
said  county  high  school  is  situated,  by  the  president  and  secre- 
tary of  said  board  of  trustees,  and  the  said  county  clerk  is 
hereby  authorized  and  required  to  place  the  same  on  the  tax- 
rolls  of  the  county,  and  said  tax  shall  be  collected  in  the  same 
manner  as  other  county  taxes,  and  when  collected  the  county 
treasurer  shall  pay  the  same  to  the  treasurer  of  the  county 
high  school  in  the  same  manner  that  school  funds  are  paid  to 
the  district  treasurers  as  required  by  law.  (Laws  1909,  ch. 
211,  sec.  2.) 

SEC.  243.  Duties  of  Officers.  [7772.]  The  said  treasurer  of 
the  high  school  shall  receive  from  the  county  treasurer,  and 
from  other  parties,  all  moneys  that  belong  to  the  funds  of  said 
school,  and  shall  pay  out  the  same  only  by  direction  of  the 
board  of  trustees,  upon  orders  duly  signed  by  the  president  and 
countersigned  by  the  secretary,  stating  the  purpose  for  which 
they  were  drawn.  Both  the  secretary  and  treasurer  shall  keep 
an  accurate  account  of  all  moneys  received  and  expended  for 
said  school,  and  at  the  close  of  each  year,  or  oftener  if  required 
by  the  board  of  trustees,  they  shall  make  a  full  statement  of  the 
financial  affairs  of  the  school.  (Laws  1886,  ch.  147,  sec.  8.) 

SEC.  244.  Locate  Site  and  Lease  Building.  [7773.]  The 
said  board  of  trustees  shall  proceed,  as  soon  as  practicable 
after  the  appointment  as  aforesaid,  to  select,  at  the  place  de- 
termined by  the  vote  of  the  county,  the  best  site  that  can  be 
obtained  without  expense  to  the  county,  and  the  title  thereof 
shall  be  vested  in  the  said  county;  they  shall  then  proceed  to 
make  purchases  of  material,  and  to  let  such  contracts  for  their 


96  COUNTY   HIGH   SCHOOLS.  [Ch.  13 

necessary  school  buildings  as  they  may  deem  proper,  but  shall 
not  make  any  purchase  or  contract  in  any  year  to  exceed  the 
amount  on  hand,  and  to  be  raised  by  the  levy  of  tax  for  that 
year.  The  board  of  trustees,  at  their  discretion,  may  lease 
suitable  buildings  for  the  use  of  the  high  school  while  new 
buildings  are  in  process  of  erection,  the  rent  to  be  paid  by  the 
fund  created  by  the  levy  for  high-school  purposes.  (Laws 
1886,  ch.  147,  sec.  9.) 

SEC.  245.  Employ  Principal.  [7774.]  When  such  board  of 
trustees  shall  have  finished  a  building  for  said  school,  they 
shall  employ  some  suitable  person,  who  shall  take  charge  of 
the  same  and  teach  in  the  same,  and  shall  be  known  as  the  prin- 
cipal of  such  school;  and  the  trustees  shall  furnish  such  as- 
sistant teachers  as  they  deem  necessary,  and  shall  provide  for 
their  salaries.  (Laws  1886,  ch.  147,  sec.  10.) 

SEC.  246.  Courses  of  Instruction.  [7775.]  There  shall  be 
provided  three  courses  of  instruction,  each  requiring  four  years' 
study121  for  completion,  namely,  a  general  course,  a  normal 
course,  and  a  collegiate  course.  The  general  course  shall  be  de- 
signed for  those  who  cannot  continue  school  life  after  leaving 
said  high  school.  The  normal  course  shall  be  designed  for  those 
who  intend  to  become  teachers,  and  shall  fully  prepare  any 
who  wish  to  enter  the  first  year  of  professional  work  at  the 
State  Normal  School.  The  collegiate  course  shall  fully  prepare 
those  who  wish  to  enter  the  freshman  class  of  the  college  of 
liberal  arts  and  sciences  of  the  State  University,  or  of  the  State 
Agricultural  College,  or  of  any  other  institution  of  higher  learn- 
ing in  this  state.  Whenever  practicable,  students  in  these 
courses  shall  recite  in  the  same  classes.  Students  in  the  last 
year  of  the  normal  course  may  be  employed  for  a  portion  of 
their  time  in  teaching  the  pupils  of  the  first  year  in  any  course, 
and  model  schools  shall  be  encouraged.  (Laws  1905,  ch.  389, 
sec.  1.) 

SEC.  247.  Tuition  and  Admission.  [7776.]  Tuition  shall  be 
free  to  all  pupils  residing  in  the  county  where  the  school  is 
located.  The  board  of  trustees  shall  make  such  general  rules 
and  regulations  as  they  may  deem  proper  in  regard  to  age 
and  grade  of  attainments  essential  to  entitle  pupils  to  ad- 
mission to  such  school;  provided,  that  no  person  shall  be 
admitted  to  such  high  school  who  shall  not  have  passed  a 
satisfactory  examination  in  all  the  work  of  the  district 
schools  of  the  county  in  which  such  high  school  is  situated. 
If  there  should  be  more  applicants  than  can  be  accommo- 
dated at  any  one  time,  each  district  shall  be  entitled  to  send 
its  equal  proportion  of  pupils,  according  to  the  number  of 
pupils  it  may  have,  as  shown  by  the  last  report  to  the  county 
superintendent  of  public  instruction;  and  the  boards  of  the 

121.    Does  not  apply  to  Reno  county  high   school.      (Laws   1905,  ch. 


Ch.  13]  COUNTY   HIGH    SCHOOLS.  97 

respective  school  districts  shall  designate  such  pupils  as  may 
attend,  subject  to  the  proviso  above.  (Laws  1886,  ch  147 
sec.  12.) 

SEC.  248.  Non-resident  Pupils.  [7777.]  If  at  any  time  the 
school  can  accommodate  more  pupils  than  apply  for  admis- 
sion from  that  county  in  which  the  school  is  situated,  the 
vacancies  may  be  filled  by  applicants  from  other  counties, 
upon  the  payment  of  such  tuition  as  the  board  of  trustees 
may  prescribe,  but  at  no  time  shall  such  pupils  continue  in 
such  school  to  the  exclusion  of  pupils  residing  in  the  county 
in  which  such  school  is  situated.  (Laws  1886,  ch.  147,  sec.  13.) 

SEC.  249.  Rules  and  Regulations;  Examining  Committee; 
Certificates.  [7778-9.]  The  principal  of  any  such  high  school, 
with  the  approval  of  the  board  of  trustees,  shall  make  such 
rules  and  regulations  as  he  may  deem  proper  in  regard  to  the 
studies,  conduct  and  government  of  the  pupils  under  his  charge 
while  they  shall  continue  to  be  enrolled  at  such  school;  and 
if  any  such  pupils  will  not  conform  to  nor  obey  the  rules  of 
the  school,  they  may  be  suspended  therefrom  temporarily  by 
the  principal,  and  may  be  expelled  by  the  board  of  trustees. 
The  board  of  trustees  shall  appoint  some  competent  person 
who,  with  the  principal  of  the  high  school,  and  with  the  county 
superintendent  of  public  instruction  as  chairman  thereof,  shall 
constitute  the  examining  committee  of  the  high  school,  whose 
duty  it  shall  be  to  examine  all  persons  who  may  apply  to  them 
in  the  subjects  such  persons  propose  to  teach  in  said  high 
school;  and  no  person  except  one  holding  a  diploma  or  a  cer- 
tificate from  the  State  Board  of  Education,  or  a  diploma  from 
the  State  Normal  School,  State  University,  State  Agricultural 
College,  or  some  college  or  university  accredited  by  the  State 
Board  of  Education,  shall  be  employed  by  the  board  of  trus- 
tees as  teacher  in  the  high  school  unless  such  person  is  the 
holder  of  a  certificate  signed  by  the  examining  committee,  or 
a  majority  of  them,  setting  forth  that  such  person'  is  com- 
petent to  teach  such  subjects  in  said  high  school  and  is  a  per- 
son of  good  moral  character;  and  the  board  of  trustees  may 
fill  any  vacancy  which  may  occur  in  the  examining  committee. 
(Laws  1907,  ch.  335,  sees.  1  and  2.) 

SEC.  250.  Privieges  of  Graduates.  [7780.]  Those  graduat- 
ing from  the  normal  course  in  the  county  high  school  shall 
be  entitled  to  a  teacher's  second-grade  certificate,122  and  shall 
be  admitted  to  the  first  year  of  professional  work  at  the  State 
Normal  School  without  further  examination;  and  those  grad- 
uating from  the  collegiate  course  shall  be  entitled  to  admis- 

122.    This  certificate  should  be  issued  by  the  county  board  of  examiners 
and  should  state  thereon  that  it  was  issued  by  virtue  of  graduation  from 
the  county  high  school.     The  usual  fee  of  one  dollar  should  be  collected 
from  each  applicant. 
-4 


98 


COUNTY   HIGH   SCHOOLS. 


[Ch.  13 


sion  to  the  freshman  class  of  the  State  University,  and  of  the 
State  Agricultural  College,  without  further  examination. 
(Laws  1886,  ch.  147,  sec.  15.) 

SEC.  251.  Report  of  Trustees.  [7781.]  The  board  of  trus- 
tees shall  annually  make  a  report  to  the  county  commission- 
ers, which  shall  specify  the  number  of  students  attending  the 
high  school  during  the  year,  their  sex,  and  the  branches 
taught,  the  text-books  used,  the  number  of  teachers  employed, 
the  salaries  paid,  the  amounts  expended  respectively  for  li- 
brary, apparatus,  buildings,  and  for  all  other  purposes;  also 
the  amount  of  funds  on  hand,  the  debts  unpaid,  if  any;  the 
amounts  due,  if  any;  and  all  other  information  deemed  im- 
portant or  expedient  to  report.  Said  report  shall  be  printed 
in  at  least  one  newspaper  of  the  county,  if  any  is  published 
therein,  and  a  copy  of  the  report  shall  be  forwarded  to  the 
state  superintendent  of  public  instruction.  (Laws  1886,  ch. 
147,  sec.  16.) 

SEC.  252.  Vacancies.  [7782.]  The  county  commissioners 
shall  have  power  to  fill  any  vacancies  that  may  occur  in  the 
board  of  trustees  for  that  county,  by  appointment  until  the 
next  general  election.  (Laws  1886,  ch.  147,  sec.  17.) 

SEC.  253.  Compensation  of  Trustees.  [7783.]  The  county 
board  of  county-high-school  trustees  shall  allow  to  each  mem- 
ber thereof  the  sum  of  three  dollars  per  day  for  the  time 
actually  and  necessarily  employed  in  the  discharge  of  his  of- 
ficial duties,  and  in  addition  thereto  the  sum  of  five  cents  per 
mile  necessarily  traveled  in  attending  meetings  of  the  board, 
and  when  such  accounts  are  presented  for  payment  they  shall 
be  audited  and  paid  out  of  the  county-high-school  fund  in  the 
same  manner  as  other  accounts  against  said  board.  Said 
trustees  shall  not  be  allowed  any  other  remuneration  for  serv- 
ices or  expenses.  (Laws  1907,  ch.  334,  sec.  1.) 

ARTICLE  III.— COUNTY  HIGH  SCHOOLS  IN  COUNTIES  HAVING  A  POPU- 
LATION OF  LESS  THAN  6,000. 


§254.  May  be  established  at  county-seats. 

255.  Course  of  study. 

256.  Privileges   of   graduates. 

257.  May   employ   teachers. 

258.  Free  to  pupils  in  the  county. 


§259.  Petition   or  election. 

260.  Bonds  may  be  issued. 

261.  Bond  election. 

262.  Issuance  of  bonds. 

263.  Illegal  use  of  proceeds. 


SECTION  254.  May  Establish  at  County-seat.  [7784.]  That 
the  county  commissioners  of  any  county  of  Kansas  having  a 
population  of  less  than  6000  be  and  they  are  hereby  authorized 
to  negotiate  with  the  school  district  or  school  districts  at  the 
county-seat  of  such  county  for  the  establishment  of  a  county 
high  school ;  provided,  that  on  the  presentation  of  a  petition 
signed  by  a  majority  of  the  electors  of  any  such  county,  as 
shown  by  the  returns  of  the  last  preceding  general  election, 
the  county  commissioners  shall  call  an  election  for  the  purpose 
of  determining  whether  they  shall  make  such  contract  as  afore- 


Ch.  13]  COUNTY   HIGH   SCHOOLS.  99 

said;  and  if  at  such  election  a  majority  of  the  votes  cast  shall 
be  in  favor  of  making  said  contract,  then  and  in  that  case  it 
shall  be  the  duty  of  such  commissioners  to  make  such  contract. 
(Laws  1903,  ch.  433,  sec.  1.) 

SEC.  255.  Course  of  Study.  [7785.]  Such  county  high 
schools  when  established  shall  adopt  a  course  of  study  to  be 
described  by  the  State  Board  of  Education.  (Laws  1897,  ch. 
180,  sec.  2.) 

SEC.  256.  Privileges  of  Graduation.  [7786.]  Upon  the  pres- 
entation of  a  certificate  of  graduation  from  any  such  county 
high  school,  within  one  year  from  the  date  of  the  same,  to  any 
state  institution  of  learning,  the  person  presenting  the  same 
may  be  admitted  without  further  examination  to  said  institu- 
tion of  learning.  (Laws  1897,  ch.  180,  sec.  3.) 

SEC.  257.  May  Employ  Teachers.  [7787.]  For  the  purpose 
of  carrying  this  act  into  effect,  the  boards  of  county  commis- 
sioners in  such  counties  may  employ  such  number  of  teachers 
in  addition  to  those  regularly  employed  by  the  district  at  the 
county-seat  as  shall  in  their  judgment  be  necessary  for  the 
purpose  of  conducting  such  schools,  and  pay  such  teachers 
from  the  general  fund  of  the  county.  (Laws  1897.  ch.  180, 
sec.  4.) 

SEC.  258.  Free  to  Pupils  in  the  County.  [7788.]  Such 
county  high  schools  shall  be  free  to  all  persons  of  school  age 
in  their  respective  counties.  (Laws  1897,  ch.  180,  sec.  5.) 

SEC.  259.123  Petition  or  Election.  [7789.]  No  county  high 
school  as  herein  provided  for  shall  be  established  except  upon 
a  petition  signed  by  a  majority  of  the  electors  of  the  county 
or  pursuant  to  an  election  held  in  such  county  for  the  purpose 
of  voting  upon  the  question  of  establishing  such  county  high 
schools.  (Laws  1897,  ch.  180,  sec.  6.) 

SEC.  260.  Bonds  May  be  Issued.  [7802.]  That  any  county 
which  has  established  a  county  high  school  under  the  provi- 
sions of  chapter  180,  Session  Laws  of  1897,  as  amended  by 
chapter  433,  Session  Laws  of  1903,  is  hereby  authorized  and 
empowered  to  issue  and  sell  bonds  of  the  county  for  the  pur- 
pose of  erecting,  furnishing  and  equipping  a  building  for  the 
use  of  the  county  high  school  of  the  county;  provided,  that  no 
bonds  shall  be  issued  as  provided  for  in  this  section  until  the 
same  has  been  submitted  to  the  electors  of  the  county  at  a  gen- 
eral election,  or  at  a  special  election  called  for  that  purpose, 
and  a  majority  of  the  voters  voting  upon  the  proposition  shall 
have  voted  in  favor  of  the  same ;  provided,  that  the  provisions 
of  this  act  shall  not  be  construed  as  applying  to  any  county  in 
which  is  located  a  city  of  the  first  class.  (Laws  1907,  ch.  332, 
sec.  1.) 

SEC.  261.  Bond  Election.  [7803.]  When  a  petition  signed 
by  twenty-five  per  cent  of  the  legal  voters  of  the  county,  as- 

123.     Section  259  has  virtually  been  repealed. 


100 


BARNES  HIGH  SCHOOLS. 


[Ch.  13 


shown  by  the  latest  official  poll  of  the  county,  shall  have  been 
presented  to  the  board  of  county  commissioners  of  the  county, 
asking  that  the  question  of  issue  of  the  bonds  for  the  purpose 
named  in  this  act  be  submitted  to  a  vote  of  the  people,  it  shall 
become  the  duty  and  is  hereby  made  the  duty  of  the  board  of 
county  commissioners  to  make  provisions  to  submit  the  ques- 
tion to  a  vote  of  the  people ;  provided,  that  if  a  general  election 
is  to  be  held  within  six  months  after  the  receipt  of  the  petition, 
the  board  of  county  commissioners  shall  submit  the  question  at 
the  next  general  election ;  otherwise,  the  board  of  county  com- 
missioners shall  call  a  special  election  for  this  purpose,  by 
giving  not  less  than  thirty  days'  notice  by  publication  in  not 
less  than  four  issues  of  a  newspaper  of  general  circulation  in 
the  county.  (Laws  1907,  ch.  332,  sec.  2.) 

SEC.  262.  Issuance  of  Bonds.  [7804.]  The  bonds  issued  by 
authority  of  this  act  shall  not  exceed  in  any  county  in  amount 
twenty  thousand  dollars,  in  denominations  of  not  less  than  one 
hundred  dollars  nor  more  than  one  thousand  dollars,  and  shall 
bear  not  more  than  five  per  cent  interest,  payable  semiannu- 
ally,  as  shown  by  coupons  attached,  and  shall  mature  not  later 
than  twenty  years  from  the  date  thereof.  The  bonds  herein 
provided  for  shall  recite  that  they  are  issued  in  pursuance  of 
the  provisions  of  this  act.  (Laws  1907,  ch.  332,  sec.  3.) 

SEC.  263.  Illegal  Use  of  Proceeds.  [7805.]  It  shall  be  un- 
lawful for  the  board  of  county  commissioners  or  any  other  per- 
son or  persons  to  use  or  appropriate  any  of  the  proceeds  of  the 
bonds  herein  provided  for  any  other  purpose  than  that  pre- 
scribed in  this  act.  (Laws  1907,  ch.  332,  sec.  4.) 

ARTICLE  IV.— BARNES  HIGH  SCHOOLS.* 


§264.  May   receive  county  aid. 

265.  Levy,   limitation. 

266.  Levy,   limitation. 

267.  Levy  made,  when. 

268.  Funds    collected. 

269.  Apportionment   of   funds. 

270.  Levy,   joint  districts. 

271.  Principal's  report. 

272.  County    superintendent    shall    certify 

to  county  clerk. 


§273.    Tuition  free. 

274.  Courses  of  study. 

275.  Some  cities  and  counties  exempt. 

276.  When   in  force. 

277.  "Barnes"    law    in    effect    in    certain 

counties. 

278.  County    treasurer    to    pay    taxes    col- 

lected. 

279.  Penalty,  county  treasurer  not  paying 

over   money. 


SECTION  264.  May  Receive  County  Aid.  [7792.]  In  every 
county  in  the  state  of  Kansas  in  which  one  or  more  school  dis- 
tricts or^cities  of  less  than  16,000  inhabitants  shall  have  main- 
tained high  schools  with  courses  of  instruction  admitting  those 
who  complete  the  same  to  the  freshman  class  of  the  college  of 
liberal  arts  and  sciences  of  the  University  of  Kansas,  the 
county  commissioners  shall  levy  a  tax  each  year  of  not  less 
than  one-fourth  of  a  mill  nor  more  than  three  mills124  on  the 

*  The  schools  maintained  under  this  law  are  not  classified  as  county 
high  schools,  although  they  are  very  similar  to  county  high  schools. 

124.  Changed  to  five-tenths  or  six-tenths  of  one  mill  by  Laws  of  1909, 
eh.  245,  sec.  15,  and  Laws  of  1911,  ch.  261,  sec.  2.  (Sections  265  and  266 
of  this  book.) 


Ch.  13]  BARNES   HIGH   SCH00L&! 

dollar  of  the  assessed  valuation  of  the  taxable  property  within 
such  counties  for  the  purpose  of  creating  a  general  high-school 
fund.125  (Laws  1905,  ch.  397,  sec.  1.) 

SEC.  265.  Levy,  Limitation.  [9408.]  The  authority  of  the 
board  of  county  commissioners  of  each  county,  as  provided  in 
chapter  397  of  the  Session  Laws  of  1905,  to  levy  annually  a  tax 
by  means  of  which  to  raise  the  necessary  funds  for  the  support 
of  the  high  schools  provided  for  by  said  chapter  397  of  the 
Laws  of  1905,  is  hereby  limited  so  that  the  said  board  shall  not 
levy  in  excess  of  five-tenths  of  one  mill  upon  the  dollar  upon  all 
taxable  property.  (Laws  1909,  ch.  245,  sec.  15.) 

SEC.  266.  Levy,  Limitation.  [Laws  1911,  ch.  261,  sec.  2.] 
The  authority  of  the  board  of  county  commissioners  of  each 
county,  as  provided  in  chapter  397  of  the  Session  Laws  of  1905, 
to  levy  annually  a  tax  by  means  of  which  it  raised  the  neces- 
sary funds  for  the  support  of  the  high  schools  provided  for  by 
said  chapter  397  of  the  Laws  of  1905,  is  hereby  limited  so  that 
the  said  board  shall  not  levy  in  excess  of  six-tenths  of  one  mill 
upon  all  taxable  property ;  provided,  that  this  section  shall  not 
apply  to  counties  having  a  valuation  in  excess  of  $30,000,000. 

SEC.  267.  Levy  Made,  When.  [7793.]  The  first  levy  shall 
be  made  .when  the  result  of  the  election  or  petition  is  de- 
termined, and  a  similar  levy  shall  be  made  each  year  there- 
after; provided,  no  levy  shall  be  made  until  one  or  more  such 
high  schools  shall  have  been  maintained  in  the  county  the  pre- 
ceding school  year.  (Laws  1905,  ch.  397,  sec.  2.  ) 

SEC.  268.  Funds  Collected.  [7794.]  Said  tax  shall  be  levied 
and  collected  in  the  same  manner  as  other  county  taxes,  and, 
when  collected,  the  county  treasurer  shall  pay  the  same  to  the 
treasurers  of  the  school  districts  maintaining  high  schools  ac- 
cording to  the  provisions  of  this  act,  as  required  by  law,  but  no 
part  of  said  general  high-school  fund  shall  ever  be  used  for 
other  than  high-school  purposes.126  (Laws  1905,  ch.  397, 
sec.  3.) 

SEC.  269.  Apportionment  of  Funds.  [7795.]  The  county 
treasurer  shall  pay  to  the  treasurers  of  said  school  districts  a 
pro  rata  part  of  the  said  general  high-school  fund  apportioned 
to  the  several  school  districts  according  to  the  estimated  cost  of 
maintaining  the  high  schools  of  the  ensuing  year,  but  no  ap- 
portionment shall  be  made  to  any  school  district  after  it  has 
discontinued  its  high  school.  (Laws  1908,  ch.  69,  sec.  1.) 

SEC.  270.  Levy,  Joint  Districts.  [Laws  1911,  ch.  272,  sec. 
1.]  That  whenever  any  high  school  maintained  in  a  joint 
school  district  receives  a  contribution  out  of  the  county  treas- 

125.  Sections  265  and  266,  being  later  enactments  than  section  264, 
must  be  followed  in  making  the  levy. 

126.  The  high-school  fund  levied  under  this  act  cannot  be  used  for  the 
repair  or  erection  of  school  buildings. 


BARNES   HIGH   SCHOOLS.  [Ch.  13 

ury  under  the  Barnes  high-school  act,  being  chapter  397  of  the 
Session  Laws  of  1905  and  amendments  thereto,  and  when  the 
provisions  of  the  said  Barnes  high-school  act  do  not  prevail  in 
the  other  county  of  which  the  said  joint  high-school  district  is 
a  part,  it  shall  be  the  duty  of  the  county  superintendent  of  the 
county  in  which  the  Barnes  high-school  act  does  not  prevail 
to  make  an  equitable  estimate  of  the  contribution  which  should 
be  made  by  the  school-district  territory  of  the  said  joint  school 
district  lying  in  his  county  toward  the  support  of  the  said  joint 
high-school  district,  and  certify  to  the  county  clerk  a  levy 
sufficient  to  meet  said  estimate,  and  it  shall  be  the  duty  of  the 
county  clerk  to  make  such  levy  in  addition  to  the  other  school 
taxes  imposed  upon  that  part  of  said  joint  school  district  lying 
in  his  county. 

SEC.  271.  Principal  Shall  Make  Report.  [7796.]  It  shall 
be  the  duty  of  the  principal  of  each  such  high  school,  at  the 
expiration  of  the  school  year,  to  make  a  report,  under  oath,  to 
the  county  superintendent,  showing  the  total  enrolment  and 
the  daily  attendance  of  each  pupil,  and  the  average  daily  at- 
tendance in  his  high  school  for  that  year,  and  to  furnish  such 
other  reports  as  the  county  superintendent  may  require,  and 
his  last  month's  salary  shall  not  be  due  until  such  reports  shall 
have  been  duly  made.  (Laws  1905,  ch.  397,  sec.  5.) 

SEC.  272.  County  Superintendent  Shall  Certify  to  County 
Clerk.  [7797.]  It  shall  be  the  duty  of  the  county  superintend- 
ent to  certify  to  the  county  clerk  and  to  the  county  treasurer, 
on  or  before  the  25th  day  of  July  of  each  year,  the  average 
daily  attendance  in  the  several  high  schools  of  the  county 
complying  with  the  provisions  of  this  act  for  the  year  ending 
on  the  30th  day  of  June  preceding,  and  to  certify  to  the  board 
of  county  commissioners  the  amount  necessary  for  the  main- 
tenance of  such  high  schools  the  ensuing  year,  and  the  county 
commissioners  shall  make  such  levy  (not  to  exceed  three 
mills127  on  the  dollar  of  the  assessed  valuation  of  the  taxable 
property  within  such  county)  as  may  be  necessary  to  produce 
such  amount;  and  in  case  the  county  commissioners  shall  fail 
to  make  such  levy,  then  the  county  superintendent  shall  make 
a  suitable  levy,  and  certify  the  same  to  the  county  clerk  of 
such  county,  who  shall  enter  upon  the  tax-rolls  the  levy  so  made 
by  the  county  superintendent.  (Laws  1907,  ch.  333,  sec.  1.) 

SEC.  273.  Tuition  Free  ™  [7798.]  Tuition  shall  be  free  in  all 
such  high  schools  to  pupils  residing  in  the  county  where  such 
schools  are  located.  (Laws  1905,  ch.  397,  sec.  7.) 

SEC.  274.  Courses  of  Study.   [7799.]    At  least  two  courses  of 
Auction    shall    be    provided,    each    requiring    four    years' 

127.  Changed  to  five-tenths  or  six-tenths  of  one  mill  by  Laws  of  1909, 

5?:    ^  'isxec>  15'  &nd  Laws  1911»  ch-  261>  sec-  2   (sections  265  and  266  of 
this  book). 

128.  Tuition  is  free  to  all  courses  in  "Barnes"  high  schools. 


Ch.  13]  BARNES   HIGH   SCHOOLS.  103 

work,129  namely,  a  college  preparatory  course,  which  shall  fully 
prepare  those  who  complete  it  to  enter  the  freshman  class  of 
the  college  of  liberal  arts  and  sciences  of  the  University  of 
Kansas,  and  a  general  course,  designed  for  those  who  do  not 
intend  to  continue  school  work  beyond  the  high  school.  (Laws 
1905,  ch.  397,  sec.  8.) 

SEC.  275.  Some  Cities  and  Counties  Exempt.  [7800.]  Cities 
having  more  than  16,000  inhabitants  and  counties  having  here- 
tofore established  county  high  schools  or  which  may  hereafter 
establish  county  high  schools  under  the  laws  now  in  force  shall 
be  exempt  from  the  operation  of  this  act.  (Laws  1905,  ch. 
397,  sec.  9.) 

SEC.  276.  When  in  Force.  [7801.]  This  act  shall  not  be  in 
force  in  any  county  until  its  provisions  are  adopted  therein  by 
a  majority  vote  of  the  electors  voting  on  said  proposition.  At 
the  next  general  election  after  the  passage  of  this  amendment, 
the  following  proposition  shall  be  submitted  in  each  county,  or 
part  of  county,  in  the  state  to  which  this  law  may  apply, 
namely :  "May  the  provisions  of  the  high-school  act  of  1905,  as 
amended  by  the  Laws  of  1907  and  1908,  apply  in  this  county?" 
The  election  shall  be  conducted  and  such  proposition  shall  be 
voted  on  and  the  votes  then  canvassed  and  returns  made  in  all 
respects  as  provided  by  law.  Whenever  a  majority  of  the 
voters  voting  on  this  proposition  in  any  county,  or  part  of  any 
county,  to  which  this  law  may  apply,  at  such  election  shall  be  in 
favor  of  such  proposition,  the  provisions  of  this  act  shall  apply 
in  such  county  from  the  time  such  result  is  ascertained.  If  the 
proposition  fails  to  carry  at  the  next  general  election,  it  may 
be  submitted  m  each  county,  or  part  of  county,  in  this  state  to 
which  this  law  shall  apply,  upon  petition  to  the  board  of  county 
commissioners,  signed  by  twenty-five  per  cent  of  the  taxpayers 
of  such  county,  or  part  of  county,  at  any  general  election  here- 
after; provided,  that  this  law  shall  not  be  submitted  at  the 
general  election  in  1908  in  counties  which  have  already  adopted 
the  provisions  of  the  act  to  which  this  act  is  amendatory. 
(Laws  1908,  ch.  69,  sec.  2.) 

SEC.  277.  "Barnes"  Law  in  Effect  in  Certain  Counties. 
[7809.]  That  in  all  counties  of  this  state  in  which  high  schools 
have  been  established  and  maintained  for  one  year,  and  which 
said  high  schools  have  been  established  and  maintained  under 
the  provisions  of  chapter  397  of  the  Laws  of  1905,  as  amended 
by  chapter  333  of  the  Laws  of  1907  and  chapter  69  of  the  Laws 
of  1908,  by  a  majority  of  all  the  votes  cast  on  said  proposition, 
said  chapter  397  of  the  Laws  of  1905,  as  amended  by  chapter 
333  of  the  Laws  of  1907  and  by  chapter  69  of  the  Laws  of  1908, 
shall  be  in  full  force  and  effect  from  and  after  the  publication 
of  this  act  in  all  such  counties  without  again  submitting  the 

129.  Two  courses  of  four  years  each  must  be  maintained.  The  college 
preparatory  course  should  be  approved  by  the  University  of  Kansas  for 
admission  to  its  liberal  arts  course. 


104 


HIGH   SCHOOLS — COUNTY  AID. 


[Ch.  13 


question  to  a  vote  of  the  electors ;  provided,  however,  this  act 
shall  not  apply  to  counties  where  the  proposition  was  resub- 
mitted  under  chapter  69  of  the  Session  Laws  of  1908  and  re- 
jected. (Laws  1909,  ch.  210,  sec.  1.) 

SEC.  278.  County  Treasurer  to  Pay  Taxes  Collected.  [7807.] 
It  shall  be  the  duty  of  the  county  treasurer  of  every  county  in 
the  state  of  Kansas  to  promptly  pay  over  and  distribute  on 
demand  all  moneys  now  in  his  hands,  or  which  may  hereafter 
come  into  his  hands  by  reason  of  any  tax  levy  made  by  any 
county,  city,  township  or  school  district,  to  the  treasurer  of  the 
city,  township  or  school  district,  for  the  use  and  benefit  of 
which  it  was  collected,  under  the  provisions  of  chapter  397  of 
the  Laws  of  1905,  as  amended  by  chapter  333  of  the  Laws  of 
1907  and  by  chapter  69  of  the  Laws  of  1908.  (Laws  1909,  ch. 
215,  sec.  1.) 

SEC.  279.  Penalty,  County  Treasurer  Not  Paying  Over 
Money.  [7808.]  Any  county  treasurer  who  shall  violate  the 
provisions  of  this  act  shall,  upon  conviction  thereof,  be  fined 
in  any  sum  not  exceeding  five  hundred  dollars.  (Laws  1909, 
ch.  215,  sec.  2.) 

ARTICLE  V. — COUNTY  AID  IN  COUNTIES  HAVING  A  POPULATION  OF  LESS 

THAN  10,000. 


§280.  Aid  by  county  commissioners. 

281.  Course  of   study. 

282.  Free   tuition ;   entrance  certificate. 

283.  Supervision. 

284.  Petition. 
286.  Levy. 


§286.  Collection  and  use  of  funds. 

287.  Duty  of  county  treasurer. 

288.  Report  of  principal. 

289.  Petition ;   levy. 

290.  Duty   of   county   superintendent. 

291.  Counties   exempt. 


SECTION  280.  Aid  by  County  Commissioners.  [Laws  1911, 
ch.  263,  sec.  1.]  That  the  county  superintendent  and  county 
commissioners  of  any  county  in  Kansas  having  a  population 
of  less  than  10,000  inhabitants  are  hereby  authorized  to  make 
provision  for  aid  to  a  certain  high  school  or  high  schools  in 
such  county,  and  to  provide  for  the  support  of  the  same  as 
hereinafter  prescribed. 

SEC.  281.  Course  of  Study.  [Laws  1911,  ch.  263,  sec.  2.] 
Such  high  schools,  when  aided,  shall  adopt  a  course  of  study 
to  be  prescribed  by  the  State  Board  of  Education. 

SEC.  282.  Free  Tuition;  Entrance  Certificate.  [Laws  1911, 
ch.  263,  sec.  3.]  Such  high  schools  shall  be  free  to  all  persons 
of  school  age  who  are  actual  residents  of  the  respective  coun- 
ties; provided,  that  such  person  shall  present  to  the  principal 
of  the  high  school  an  entrance  certificate,  signed  by  the  county 
superintendent  of  public  instruction,  certifying  that  he  has 
completed  the  course  of  study  prescribed  by  the  State  Board 
of  Education  for  the  public  schools  below  the  high  school. 

SEC.  283.  Supervision.  [Laws  1911,  ch.  263,  sec.  4.]  Such 
high  schools  when  aided  shall  be  under  the  supervision  and 
control  of  the  county  superintendent  and  district  board  or 


Ch.  13]  HIGH   SCHOOLS — COUNTY  AID.  105 

board  of  education  of  the  district  or  city  in  which  the -school 
is  located. 

SEC.  284.  Petition.  [Laws  1911,  ch.  263,  sec.  5.]  No  high 
school  as  herein  provided  for  shall  be  eligible  for  such  aid  ex- 
cept upon  a  petition  to  the  county  superintendent  and  county 
commissioners  of  the  county  in  which  such  school  or  schools 
are  sought  to  be  aided,  signed  by  a  majority  of  the  school 
electors  of  the  county  in  which  the  school  is  sought  to  be 
aided ;  provided,  that  in  counties  having  a  population  of  3,000 
inhabitants  or  less  (according  to  the  United  States  census 
of  1910)  one  school  only  shall  be  aided,  and  that  one  located 
at  the  county  seat  of  such  county. 

SEC.  285.  Levy.  [Laws  1911,  ch.  263,  sec.  6.]  For  the  pur- 
pose of  carrying  this  act  into  effect  the  board  of  county  com- 
missioners in  such  county  shall  annually  levy  such  tax  only 
as  may  be  necessary,  not  to  exceed  one  mill  on  the  dollar  of 
the  assessed  valuation  of  the  taxable  property  of  counties 
having  a  population  of  3,000  inhabitants  or  less,  and  not  to 
exceed  one-half  mill  on  the  dollar  of  the  assessed  valuation  of 
the  taxable  property  in  counties  having  a  population  of  more 
than  3,000  inhabitants. 

SEC.  286.  Collection  and  Use  of  Funds.  [Laws  1911,  ch.  263, 
sec.  7.]  Said  tax  shall  be  levied  and  collected  in  the  same  man- 
ner as  other  county  taxes,  but  no  part  of  such  general  school 
fund  shall  ever  be  used  for  other  than  high-school  purposes. 

SEC.  287.  Duty  of  County  Treasurer.  [Laws  1911,  ch.  263, 
sec.  8.]  The  county  treasurer  shall  pay  to  the  treasurer  of 
the  school  district  or  districts  maintaining  such  high  schools 
such  sums  of  money  as  the  county  superintendent  shall  certify 
to  be  necessary  and  proper  for  each  of  said  districts  respect- 
ively. 

SEC.  288.  Report  of  Principal.  [Laws  1911,  ch.  263,  sec.  9.] 
It  shall  be  the  duty  of  the  principal  of  each  of  such  high  schools, 
at  the  expiration  of  the  school  year,  to  make  a  report  to  the 
county  superintendent  showing  the  total  enrollment  in  such 
high  school  or  high  schools  and  the  number  of  months  at- 
tended by  each  pupil,  and  to  furnish  such  other  reports  as 
the  county  superintendent  may  require,  and  his  last  month's 
salary  shall  not  be  due  until  such  reports  shall  have  been  duly 
made. 

SEC.  289.  Petition;  Levy.  [Laws  1911,  ch.  263,  sec.  10.] 
If,  upon  the  presentation  of  a  petition  addressed  to  the  county 
commissioners  of  any  county  by  a  majority  of  the  school 
electors  of  such  county,  asking  that  certain  aid  be  extended  to 
a  certain  school  district  or  school  districts  therein,  as  provided 
for  herein,  and  said  county  superintendent  and  county  commis- 
sioners decide  to  provide  the  aid  petitioned  for,  said  board  of 
county  commissioners  shall,  at  the  regular  meeting  held  by  it 
on  the  first  Monday  in  August  thereafter,  levy  such  tax  on  the 


106 


TOWNSHIP   HIGH   SCHOOLS. 


[Ch.  13 


taxable-  property  of  the  entire  county  sufficient  to  raise  the 
amount  necessary  to  aid  such  district  or  districts  as  said  county 
superintendent  and  said  board  of  commissioners  believe  proper. 

SEC.  290.  Duty  of  County  Superintendent.  [Laws  1911,  ch. 
263,  sec.  11.]  It  shall  be  the  duty  of  the  county  superintendent 
to  certify  to  the  county  commissioners  and  to  the  county  treas- 
urer, on  or  before  the  1st  day  of  July  in  each  year,  the  amount 
of  money  necessary  to  aid  the  district  or  districts  maintaining 
high  schools  under  the  provisions  of  this  act,  for  the  year  end- 
ing on  the  30th  day  of  June  preceding,  and  the  county  commis- 
sioners shall  thereupon  make  such  a  levy  only,  within  the  limi- 
tations herein  prescribed,  as  may  be  necessary  to  produce  the 
amount  of  aid  herein  provided  for  such  high  school  or  high 
schools,  within  their  respective  counties. 

SEC.  291.  Counties  Exempt.  [Laws  1911,  ch.  263,  sec.  12.] 
Counties  maintaining  a  county  high  school  and  counties  having 
high  schools  in  operation  under  the  provisions  of  chapter  397 
of  the  Laws  of  1905,  or  the  provisions  of  said  chapter  as 
amended,  shall  be  exempt  from  the  provisions  of  this  act. 

ARTICLE  VI.— TOWNSHIP  HIGH  SCHOOLS. 


§292.    Authority   to   establish. 

293.  Election. 

294.  Supervision  ;  course  of  study. 


§295.    Tuition  free;  regulations. 

296.  Admission   of   outside   pupils. 

297.  Annual    meeting ;    levy. 


SECTION  292.  Authority  to  Establish.  [Laws  1911,  ch.  262, 
sec.  1.]  The  legal  electors  of  any  township  in  which  there  is 
no  town  or  city  in  the  state  are  hereby  authorized,  as  provided 
for  in  this  act,  to  establish,  locate  and  maintain  a  high  school  in 
such  township. 

SEC.  293.  Election.  [Laws  1911,  ch.  262,  sec.  2.]  Whenever 
a  petition. is  presented  to  the  township  board  of  any  township, 
described  in  section  1,  in  the  state,  at  any  of  its  regular  meet- 
ings, signed  by  more  than  one-third  of  the  legal  electors  of  said 
township  as  is  shown  by  the  last  preceding  election,  requesting 
said  township  board  to  call  an  election  under  the  provisions  of 
this  act  to  locate  and  establish  a  township  high  school  in  said 
township,  the  location  to  be  named  in  said  petition,  it  shall 
then  be  the  duty  of  said  township  board  to  call  a  special  elec- 
tion to  decide  the  question  of  locating  and  establishing  such 
high  school  and  the  voting  of  bonds  therefor.  All  elections  held 
under  the  provisions  of  this  act  shall  be  governed  by  the  provi- 
sions of  the  general  election  law  of  this  state  where  not  con- 
trary to  this  act.  Notice  of  all  such  elections  shall  be  given  at 
least  twenty-one  days  prior  to  the  day  fixed  for  such  election, 
by  posting  up  printed  or  typewritten  notices  on  the  door  of 
each  schoolhouse  in  said  township  and  publishing  the  same 
twice  in  the  official  county  paper  of  the  county  wherein  the 
township  is  situated,  setting  forth  fully  the  purposes  and  ob- 
jects of  such  election  and  the  time  and  place  or  places  where  it 
is  to  be  held ;  provided,  that  this  act  shall  not  apply  to  counties 


Ch.  13]  TOWNSHIP    HIGH    SCHOOLS.  107 

haying  a  population  of  less  than  10,000.  Upon  a  proposition 
being  carried  to  establish  a  township  high  school  in  any  town- 
ship, the  township  board  of  such  township  shall  call  a  special 
election  to  elect  a  township  high-school  board,  consisting  of  a 
director,  clerk  and  treasurer. 

SEC.  294.  Supervision;  Course  of  Study.  [Laws  1911,  ch. 
262,  sec.  3.]  The  county  superintendents  of  public  instruction 
shall  have  the  same  general  supervision  over  said  township 
high  schools  as  they  now  have  by  law  over  the  district  schools ; 
and  it  is  further  made  the  duty  of  the  superintendent  of  pub- 
lic instruction  to  provide  courses  of  study  for  said  township 
high  schools,  to  correspond  with  that  required  by  section  7775 
of  the  General  Statutes  of  1909,  governing  county  high  schools. 

SEC.  295.  Tuition  Free;  Regulations.  [Laws  1911,  ch.  262, 
sec.  4.]  Tuition  shall  be  free  to  all  pupils  residing  in  the  town- 
ship where  the  school  is  located.  The  board  of  directors  of 
said  township  high  school  shall  make  such  rules  and  regula- 
tions as  are  provided  in  section  7776  of  the  General  Statutes  of 
1909,  in  relation  to  county  high  schools,  and  make  them  appli- 
cable to  said  township  high  schools. 

SEC.  296.  Admission  of  Outside  Pupils.  [Laws'  1911,  ch.  262, 
sec.  5.]  If  at  any  time  the  school  can  accommodate  more  pu- 
pils than  apply  for  admission  from  the  township  in  which  the 
school  is  located,  pupils  may  be  admitted  from  other  townships, 
upon  the  payment  of  such  fees  for  tuition  as  the  board  of  di- 
rectors of  said  township  high  school  may  prescribe,  but  at  no 
time  shall  such  pupils  continue  in  such  township  high  school  to 
the  exclusion  of  pupils  residing  in  the  township  where  the 
school  is  located. 

SEC.  297.  Annual  Meeting;  Levy.  [Laws  1911;  ch.  262, 
sec.  6.]  The  annual  school  meeting  for  the  election  of  school 
officers  for  the  township  shall  be  held  at  two  o'clock  P.  M.  on  the 
day  preceding  the  date  of  the  annual  meeting  for  school  dis- 
tricts. The  township  high-school  boards  shall  meet  annually 
on  the  third  Monday  in  April,  at  two  P.  M.,  at  the  township 
high-school  buildings  in  their  respective  townships,  and  shall 
make  the  necessary  levy  for  taxes,  not  to  exceed  four  mills  on 
the  dollar  of  valuation  on  all  taxable  property  in  the  respective 
townships,  to  pay  teachers  and  incidental  expenses  of  said  high 
schools;  the  clerks  of  said  high-school  districts  to  certify  the 
levy  to  the  county  clerks,  who  are  to  extend  the  amounts  on 
the  tax  rolls,  and  the  county  treasurers  to  collect  the  taxes,  the 
same  as  provided  for  other  taxes. 


108 


INDUSTRIAL  EDUCATION. 


[Ch.  14 


CHAPTER  XIV.— INDUSTRIAL  EDUCATION. 


§301.    Report   to   state   superintendent. 

302.  State  aid. 

303.  Appropriation    for. 


§298.    Tax  for  industrial  training. 

299.  Boards    may    provide    schoolrooms. 

300.  State    Board    prescribes    course    and 

standard. 

SECTION  298.  Tax  for  Industrial  Training.  [7839.]  The 
board  of  education  of  each  city  of  the  first  class  and  second 
class,  and  the  annual  school  meeting  of  any  school  district, 
may,  in  addition  to  the  other  levies,  levy  a  tax  not  to  exceed  one- 
half  mill130  upon  the  dollar  of  assessed  valuation  in  cities  of 
the  first  and  second  class,  and  not  to  exceed  one  mill131  on  the 
dollar  of  the  assessed  valuation  in  all  other  cities  and  school 
districts,  for  the  equipment  and  maintenance  of  industrial- 
training  schools  or  industrial-training  departments  of  the  pub- 
lic schools.  The  sum  raised  by  such  levies  shall  be  expended 
for  the  purpose  named  in  this  act  and  no  other.  (Laws  1903, 
ch.  20,  sec.  1.) 

SEC.  299.  Boards  May  Provide  Schoolrooms.  [7840.]  Said 
board  of  education  and  district  board,  upon  such  levy  being 
made,  may  provide  for  a  separate  school  or  a  separate  depart- 
ment in  some  existing  school,  and  may  employ  such  teachers 
as  they  think  are  competent  to  give  instruction  in  industrial 
training,  as  required  by  their  course  of  study ;  and  it  shall  be 
the  duty  of  such  board  to  provide,  from  the  funds  received 
under  the  provisions  of  this  act,  the  necessary  books,  ap- 
pliances and  room  for  such  instruction,  and  it  shall  be  the  duty 
of  such  board  to  prescribe  a  course  of  study  to  meet  the  special 
needs  of  the  district  or  city,  which  course  of  study  must  be 
approved  by  the  State  Board  of  Education.  (Laws  1903,  ch. 
20,  sec.  2.) 

SEC.  300.  State  Board  Prescribes  Course  and  Standard. 
[7841.]  The  State  Board  of  Education  shall  establish  a  standard 
for  teachers  of  industrial  training,  and  shall  grant  special  cer- 
tificates to  those  who  are  fully  qualified  to  give  instruction 
therein ;  and  they  shall  prescribe  the  course  of  study  in  indus- 
trial training  to  be  used  in  the  state.  (Laws  1903,  ch.  20, 
sec.  3.) 

SEC.  301.  Report  to  State  Superintendent.  [7842.]  On  the 
1st  day  of  July  in  each  year,  the  clerk  of  each  school  board  or 
district  maintaining  a  school  or  department  for  industrial 
training  as  aforesaid,  and  desiring  state  aid,  shall  make  a  re- 

130.  Limited  to  one-eighth  of  a  mill  by  Laws  1909,  ch.  245,  sec.  25 
(section  344  of  this  book). 

131.  Limited  to  one-quarter  of  a  mill  by  Laws  1909,  ch.  245,  sec.  25 
(section  344  of  this  book). 


Ch.  14]  INDUSTRIAL  EDUCATION.  109 

port,  duly  certified,  to  the  state  superintendent  of  public  in- 
struction, in  such  form  as  may  be  required,  setting  forth  the 
facts  relating  to  the  cost  of  maintaining  such  school  or  de- 
partment for  industrial  training,  the  character  of  the  work 
done,  the  number  and  names  of  the  teachers  employed  in  such 
work,  and  the  length  of  time  such  school  or  department  was 
maintained  during  the  preceding  year.  Upon  receipt  of  such 
report,  the  state  superintendent,  when  satisfied  therefrom,  and 
from  such  other  investigation  as  he  may  deem  advisable,  that 
such  school  or  department  for  industrial  training  has  been  es- 
tablished and  maintained  for  a  period  of  six  _  months  in  the 
year  immediately  preceding,  and  has  been  taught  by  a  special 
teacher  or  teachers  having  the  qualifications  mentioned  in 
sections  3  and  4  of  this  act,132  shall  make  a  certificate  to  that 
effect,  showing  also  the  amount  of  money  expended  by  such 
school  district  in  the  twelve  months  immediately  preceding 
the  1st  day  of  July  of  each  year  in  maintaining  such  school  or 
department  for  industrial  training,  and  submit  such  certifi- 
cate to  the  state  auditor.  (Laws  1903,  ch.  20,  sec.  4.) 

SEC.  302.  State  Aid.iss  [7843.]  Upon  receiving  such  cer- 
tificate mentioned  in  section  4134  of  this  act,  the  state  auditor 
shall  draw  his  warrant  upon  the  state  treasurer,  payable  to 
the  treasurer  of  the  school  district  or  board  of  education  main- 
taining said  school  or  department,  for  a  sum  of  money  equal 
to  that  contributed  by  such  school  district  for  such  purpose, 
but  not  exceeding  the  sum  of  $250;  and  provided,  that  the 
total  sum  of  money  contributed  by  the  state  as  aforesaid  for 
such  purposes  shall  not  exceed  the  sum  of  $10,000  in  any  one 
year.  (Laws  1903,  ch.  20,  sec.  5.) 

SEC.  303.  Appropriation.13*  [7844.]  For  carrying  out  the 
provisions  of  this  act,  the  sum  of  $20,000,  or  so  much  as  may 
be  necessary,  is  hereby  appropriated  out  of  the  state  treasury, 
out  of  any  money  not  otherwise  appropriated.  (Laws  1903, 
ch.  20,  sec.  6.)  . 

132.  Sections  300  and  301  of  this  book. 

133.  State  aid  will  not  be  available  hereafter  unless  succeeding  legis- 
latures make   appropriations  for  this  purpose.      No   appropriation  was 
made  for  1911-'12  or  1912-'13. 

134.  See  section  301  of  this  book. 
134.    See  section  301  of  this  book. 


110 


INDUSTRIAL-SCHOOL  PUPILS. 


[Ch.  15 


CHAPTER  XV.— INDUSTRIAL-SCHOOL  PUPILS.135 


1 304.    Indentured    pupils;    county    superin- 
tendent. 
305.     Pupils  not  properly  provided  for. 


County  superintendent  to  seek  out 
persons  willing  to  receive  in- 
dentured pupils. 


SECTION  304.  County  Superintendent  Shall  Visit.  [8686.] 
The  superintendents  of  public  instruction  in  the  several  coun- 
ties of  the  state  are  hereby  designated  as  visiting  agents,  to 
have  local  supervision  over  indentured  pupils  of  the  Reform136 
School.  It  shall  be  the  duty  of  each  visiting  agent  to  visit  as 
often  as  twice  each  year  all  pupils  of  the  Reform  School136  who 
may  have  been  indentured  to  persons  residing  within  his 
county.137  He  shall  inquire  into  the  condition  of  such  pupils, 
and  make  such  other  investigations  in  relation  thereto  as  the 
board  of  trustees  may  prescribe;  and,  for  the  purpose  afore- 
said, said  agents  may  have  private  interviews  with  such  pupils 
at  any  time,  and  shall  have  power  to  administer  oaths.  (Laws 
1881,  ch.  129,  sec.  13.) 

SEC.  305.  Pupils  Not  Properly  Provided  for.  [8687.]  When 
any  visiting  agent  is  of  the  opinion  that  an  indentured  pupil 
is  not  properly  provided  for,  and  cannot  be  so  held  to  his  fur- 
ther advantage,  he  shall  report  the  fact  to  the  board  of  trus- 
tees; and  no  pupil  shall  be  indentured  to  any  person  until 
notice  of  an  application  therefor  has  been  given  to  said  agent, 
and  his  report  in  writing,  made  after  investigation  into  the 
propriety  thereof,  is  filed  with  the  institution.  (Laws  1881, 
ch.  129,  sec.  14.) 

SEC.  306.  Seek  Out  Persons  to  Receive  Indentured  Pupils. 
[8688.] 137  Said  agent  shall  seek  out  suitable  persons  who  are 
willing  to  receive  pupils  from  the  Reform  School136  under  ar- 
ticles of  indenture,  and  give  notice  thereof  to  the  president  of 
the  board  of  trustees,  which  notice  shall  contain  the  agent's 
recommendation  of  the  applicant  as  a  proper  person  to  receive 
and  have  the  care  of  any  such  pupil.  (Laws  1881,  ch.  129, 
sec.  15.) 

135.  The  requirements  of  this  chapter,  as  well  as  those  of  section 
8686,  8687  and  8688,  referred  to  foot-note  137,  are  probably  modified 
by  the  provisions  of  chapter  475,  Laws  of  1905,  entitled  "Board  of  Con- 
trol of  State  Charitable  Institutions." 

136.  Refers  to  Industrial  School  for  Boys. 

137.  Sections   8686,    8687,    8688,    General    Statutes    of    1909,    impose 
similar  duties  relative  to  the  Industrial  School  for  Girls. 


Ch.  16] 


JUVENILE   COURT. 


Ill 


CHAPTER  XVI.— JUVENILE  COURT. 


§323.    Suspension      of      sentence;      release; 
bond. 

324.  Custody    of    child    during    suspension 

of  sentence. 

325.  Forfeiture     of     bond     and     term     of 

probation. 

326.  Judgment    in    case    of    forfeiture    of 

bond. 

327.  Acts   not  repealed. 

328.  Detention  home;  juvenile  farm. 

329.  Government   of   detention   home. 

330.  Record  of  inmates  of  detention  home. 

331.  Tax    levied    for    detention    home    or 

juvenile    farm;    salary    of    matron 
or   superintendent. 

332.  Annual   report   of   judge   of   juvenile 

court. 

333.  Jurisdiction  after  the  age  of  sixteen. 

334.  Compensation    in    counties    having    a 

population    of   over   25,000. 

335.  Jurisdiction. 

336.  Police  and  sheriff  entitled  to  witness 

fees. 

337.  Blanks. 

338.  Procedure  in   juvenile  court. 

339.  Appeal. 


§307.    Probate  judge;   jurisdiction;   author- 
ity ;   fees. 

308.  Over    whom    the    juvenile    court    has 

jurisdiction. 

309.  Probation  officer  ;  appointed  ;  duties  ; 

truant   officer. 

310.  Who  may  make  the  complaint. 

311.  Summoning    custodian    of    child. 

312.  Custody  of  child  ;  continuance  of  the 

hearing. 

313.  Care  of  dependent  or  neglected  child. 

314.  The    child    as    the    ward    of    an    asso- 

ciation or  individual. 

315.  The   child   committed   to  the  care   of 

a  probation  officer. 

316.  The  court  may  revoke  the  custody. 

317.  Child   under   sixteen   not   to  be  taken 

before   courts   other  than   juvenile 
courts. 

318.  Appeals  to  district  court. 

319.  Assistance    of    city    and    county    at- 

torneys, and  other  officials. 

320.  Discretion    of    juvenile    court    as    to 

penalties    of    state    laws    and    city 
ordinances. 

321.  Care    and     custody    of    child    to    be 

parental. 

322.  Parents    responsible    for    delinquency 

of  children  ;   penalty. 

SECTION  307.  Probate  Judge;  Jurisdiction;  Authority;  Fees. 
[5099.]  That  there  be  and  hereby  is  created  and  established 
in  each  county  of  the  state  a  court,  to  be  known  as  the  "juvenile 
court,"  whose  jurisdiction  shall  pertain  to  the  care  of  depend- 
ent, neglected  and  delinquent  children.  The  probate  judge  of 
each  county  shall  be  the  judge  of  the  juvenile  court  in  his 
county,  and  he  shall  be  furnished  by  the  board  of  county  com- 
missioners, at  the  expense  of  the  county,  with  such  dockets, 
records,  and  blanks,  upon  his  requisition,  as  may  be  necessary 
in  the  conduct  of  the  business  of  the  court.  Said  court  shall 
have  jurisdiction  of  all  cases  concerning  dependent,  neglected 
and  delinquent  children  in  their  respective  counties,  shall  be 
open  at  all  times  for  the  transaction  of  business,  and  may 
make  such  disposition  of  cases  as  is  hereinafter  provided.  They 
shall  have  authority  to  issue  subpoenas  for  witnesses,  and  com- 
pel their  attendance  by  attachment  as  for  contempt,  and  to 
issue  all  other  process  that  may  be  necessary  in  any  case,  the 
same  as  justices  of  the  peace  are  authorized  to  do  in  misde- 
meanors. All  writs  and  process  shall  be  served  by  the  proba- 
tion officer  of  the  court,  or,  in  his  absence,  by  some  person, 
especially  deputized  for  that  purpose  by  the  court.  The  judge 
of  the  juvenile  court  shall  receive  as  compensation  for  his 
services  the  same  fees  as  are  allowed  the  probate  judge  for 
like  services,  and  said  fees  shall  be  in  addition  to  all  fees  or 
salary  received  by  him  as  judge  of  the  probate  court ;  said  fees 
are  to  be  allowed  by  the  county  commissioners  and  paid  out 
of  the  county  treasury.  (Laws  1905,  ch.  190,  sec.  1.) 


112  JUVENILE   COURT.  [Ch.  16 

SEC.  308.  Over  Whom  the  Juvenile  Court  Has  Jurisdiction. 
[5100.]  This  act  shall  apply  only  to  children  under  the  age  of 
sixteen  years,  not  now  or  hereinafter  inmates  of  any  state  in- 
stitution or  any  industrial  school  for  boys  or  industrial  school 
for  girls  or  some  institution  incorporated  under  the  laws  of 
this  state;  provided,  that  when  jurisdiction  has  been  acquired 
under  the  provision  hereof  over  the  person  of  a  child,  such 
jurisdiction  may  continue  for  the  purposes  of  this  act  until 
the  child  has  attained  its  majority.  For  the  purpose  of  this 
act,  the  words  "dependent  child"  and  "neglected  child"  shall 
mean  any  child  who  for  any  reason  is  destitute  or  homeless 
or  abandoned,  or  dependent  upon  the  public  for  support,  or 
has  not  proper  parental  care  or  guardianship,  and  has  idle 
and  immoral  habits,  or  who  habitually  begs  or  receives  alms, 
or  who  is  found  living  in  any  house  of  ill-fame  or  with  any 
vicious  or  disreputable  persons;  or  whose  home,  by  reason  of 
neglect,  cruelty  or  depravity  on  the  part  of  its  parents, 
guardian  or  other  person  in  whose  care  it  may  be,  is  an  unfit 
place  for  such  a  child ;  or  any  child  under  the  age  of  ten  years 
who  is  found  begging,  peddling,  or  selling  any  article,  or  sing- 
ing or  playing  any  musical  instrument  upon  the  street,  or  who 
accompanies  or  is  used  in  aid  of  any  person  so  doing.  The 
words  "delinquent  child"  shall  include  any  child  under  the 
age  of  sixteen  years  who  violates  any  law  of  this  state  or  any 
city,  town  or  village  ordinance;  or  who  is  incorrigible;  or 
who  knowingly  associates  with  thieves,  vicious  or  immoral  per- 
sons ;  or  who  is  growing  up  in  idleness  or  crime ;  or  who  know- 
ingly patronizes  any  pool-rooms  or  place  where  gambling 
devices  are  operated.  The  word  "child"  or  "children"  may 
mean  one  or  more  children,  and  the  word  "parent"  or 
"parents"  may  be  held  to  mean  one  or  both  parents,  when  con- 
sistent with  the  intent  of  this  act.  The  word  "association" 
shall  include  any  corporation  which  includes  in  its  purpose  the 
care  or  discipline  of  children  coming  within  the  meaning  of 
this  act.  (Laws  1905,  ch.  190,  sec.  2.) 

SEC.  309.  Probation  Officer;  Appointed;  Dutie.s;  Truant  Of- 
ficer. [5101.]  The  juvenile  court  having  jurisdiction  under 
this  act  shall  appoint  or  designate  one  or  more  discreet  persons 
of  good  character  to  serve  as  probation  officers  during  the 
pleasure  of  the  court;  said  probation  officer  shall  receive  as 
compensation,  from  the  public  treasury,  a  sum  to  be  fixed  by 
the  court,  said  sum  not  to  exceed  two  dollars  per  day  for 
services  actually  performed;  provided,  that,  in  cities  having 
a  population  of  15,000  or  over,  the  compensation  shall  not 
be  more  than  three  dollars  per  day.  Whenever  there  is 
to  be  a  child  brought  before  any  court  having  a  probation 
officer,  it  shall  be  the  duty  of  the  judge  of  the  court,  if  prac- 
ticable, to  notify  the  probation  officer  in  advance  when  any 
child  ^  is  to  be  brought  before  the  court.  It  shall  be  the  duty 
of  said  probation  officer  to  make  such  investigation  as  may  be 


Ch.  16]  JUVENILE   COURT.  113 

required  by  the  court;  to  be  present  in  court  in  order  to  rep- 
resent the  interest  of  the  child  when  the  case  is  heard;  to 
furnish  to  the  court  such  information  and  assistance  as  the 
judge  may  require,  and  to  take  such  charge  of  any  child  before 
and  after  trial  as  may  be  directed  by  the  court ;  and  the  court 
shall  have  power  to  make  and  enforce  rules  specifying  the 
duties  of  the  probation  officer  in  any  and  all  cases.  The  judge 
of  said  juvenile  court  may,  at  his  discretion,  designate  as  pro- 
bation officer  the  regular  truant  officer  of  the  county,  who 
shall  perform  the  duties  of  this  office  in  addition  to  the  duties 
of  the  truant  officer,  as  provided  by  law,  and  he  shall  receive 
no  further  remuneration  than  is  provided  by  laws  already  ex- 
isting. Any  probation  officer  may,  without  warrant  or  other 
process,  at  any  time  until  the  final  disposition  of  the  case  of 
any  child  over  whom  said  juvenile  court  shall  have  acquired 
jurisdiction,  take  the  child  placed  in  his  care  by  said  court 
and  bring  the  child  before  the  court,  or  the  court  may  issue 
a  warrant  for  the  arrest  of  any  child,  and  the  court  may  there- 
upon proceed  to  sentence  or  make  such  other  disposition  of 
the  case  as  he  may  deem  best.  (Laws  1905,  ch.  190,  sec.  3.) 

SEC.  310.  Who  May  Make  the  Complaint.  [5102.]  Any 
reputable  person,  being  a  resident  in  the  county,  having  knowl- 
edge of  a  child  in  his  county  who  Appears  to  be  either  depend- 
ent, neglected  or  delinquent  within  the  meaning  of  this  act, 
may  file  with  the  court  having  jurisdiction  in  the  matter  a  pe- 
tition, in  writing,  setting  forth  the  facts,  verified  by  affidavit. 
It  shall  be  sufficient  that  the  affidavit  be  upon  information  and 
belief.  If  it  shall  be  determined  by  the  court  that  there  is  no 
ground  for  complaint,  no  permanent  record  shall  be  made  by 
the  court.  (Laws  1905,  ch.  190,  sec.  4.) 

SEC.  311.  Summoning  Custodian  of  Child.  [5103.]  Upon 
the  filing  of  the  petition,  unless  the  parties  shall  voluntarily 
appear  or  be  in  court,  a  summons  shall  issue  in  the  name  of 
the  state  of  Kansas,  requiring  the  child  and  the  person  having 
custody  and  control  of  the  child,  or  with  whom  the  child  may 
be,  to  appear  with  the  child  at  the  place  and  at  the  time  set 
in  the  summons,  which  shall  not  be  later  than  twenty-four 
hours  after  service,  unless  otherwise  directed  by  the  court. 
The  parents  of  the  child,  if  living,  and  their  residence  known, 
or  its  legal  guardian,  if  one  there  be,  or  if  there  is  neither 
parent  nor  guardian,  or  if  his  or  her  residence  is  unknown, 
then  some  relative,  if  there  be  one,  and  his  or  her  residence  is 
known,  shall  be  notified  of  the  proceedings;  and  in  any  case 
the  judge  may  appoint  some  suitable  person  or  association  to 
act  in  behalf  of  the  child.  If  the  person  summoned,  as  herein 
provided,  shall  fail  without  reasonable  cause  to  appear  and 
abide  the  order  of  the  court,  or  to  bring  the  child,  such  person 
may  be  proceeded  against  as  in  case  of  contempt  of  court.  In 
case  the  summons  cannot  be  served,  or  the  party  served  shall 
fail  to  obey  the  same,  or  in  case  when  it  shall  be  made  to  ap- 


114  JUVENILE  COURT.  [Ch.  16 

pear  to  the  court  that  such  summons  will  be  ineffectual,  a 
warrant  may  issue  on  order  of  the  court,  either  against  the 
parent  "or  guardian,  or  the  person  having  custody  of  the  child, 
or  against  the  child  itself.  On  the  return  of  the  summons  or 
other  process,  or  as  soon  thereafter  as  may  be,  the  court  shall 
proceed  to  hear  and  dispose  of  the  case  in  a  summary  manner 
and  enter  final  judgment  therein;  and  the  costs  of  all  pro- 
ceedings under  this  act  may,  in  the  discretion  of  the  court, 
be  adjudged  against  the  person  or  persons  so  summoned,  ap- 
pearing, or  arrested,  as  the  case  may  [be],  and  collected  as 
provided  by  law  in  civil  cases.  (Laws  1905,  ch.  190,  sec.  5.) 

SEC.  312.  Custody  of  the  Child;  Continuance  of  the  Hearing. 
[5104.]  In  any  case  the  court  may  continue  the  case  from  time 
to  time,  and  may  in  the  meantime  commit  the  child  to  the  care 
and  control  of  the  probation  officer,  or  may  allow  such  child  to 
remain  in  its  own  home,  or  in  the  custody  of  some  suitable  per- 
son, subject  to  the  supervision  and  control  of  the  probation 
officer  and  to  such  other  conditions  as  may  be  imposed  by  the 
court;  or  the  court  may  authorize  the  child  to  be  placed  in  a 
suitable  family  home,  subject  to  the  friendly  supervision  of  the 
probation  officer  and  the  further  order  of  the  court.  Pending 
a  hearing,  no  child  shall  be  committed  to  a  jail  or  police  sta- 
tion, except,  in  case  of  felony,  the  judge,  if  he  deems  it  ad- 
visable, may  commit  such  child  to  jail  until  the  trial  and  final 
disposition  of  the  case ;  but  when  other  provision  shall  not  have 
been  made  for  its  care  and  custody,  the  court  shall  direct  it  to 
be  kept  in  some  suitable  place  provided  by  the  county  outside  of 
a  jail  or  police  station.  (Laws  1905,  ch.  190,  sec.  6.) 

SEC.  313.  Care  of  Dependent  or  Neglected  Child.  [5105.] 
When  any  child  under  the  age  of  sixteen  years  shall  be  found 
to  be  dependent  or  neglected,  within  the  meaning  of  this  act, 
the  court  may  make  an  order  committing  the  child  to  the  care 
of  some  suitable  institution,  or  the  care  of  some  reputable 
citizen  of  good  moral  character,  or  to  the  care  of  some  training 
school  or  an  industrial  school,  as  provided  by  law,  or  to  the 
care  of  some  association  willing  to  receive  it,  embracing  in  its 
object  the  purpose  of  caring  for  or  obtaining  homes  for  neg- 
lected or  dependent  children.  The  court  may,  when  the  health 
or  condition  of  the  child  shall  require  it,  cause  the  child  to  be 
placed  in  a  public  hospital  or  institution  for  treatment  or 
special  care,  or  in  a  private  hospital  or  institution  which  will 
receive  it  for  like  purpose  without  charge.  (Laws  1905,  ch. 
190,  sec.  7.) 

SEC.  314.  The  Child  as  the  Ward  of  an  Association  or  Indi- 
vidual. [5106.]  In  any  case  where  the  court  shall  award  a 
child  to  the  care  of  any  association  or  individual,  in  accordance 
with  the  provisions  of  this  act,  thp  child  shall,  unless  otherwise 
ordered,  become  a  ward,  and  be  subject  to  the  guardianship  of 
the  association  or  individual  to  whose  care  it  is  committed. 


Ch.  16]  JUVENILE   COURT.  115 

Such  association  or  individual  shall  have  authority  to  place 
such  child  in  a  family  home,  with  or  without  indenture,  and 
may  be  made  party  to  any  proceedings  for  the  legal  adoption 
of  the  child,  and  may  by  its  or  his  attorney  or  agent  appear 
in  any  court  where  such  proceedings  are  pending  and  assent 
to  such  adoption ;  and  such  assent  shall  be  sufficient  to  author- 
ize the  court  to  enter  proper  order  or  decree  of  adoption.  Such 
guardianship  shall  not  include  the  guardianship  of  any  estate 
of  the  child.  (Laws  1905,  ch.  190,  sec.  8.) 

SEC.  315.  The  Child  Committed  to  the  Care  of  a  Probation 
Officer.  [5107.]  In  case  of  a  delinquent  child,  the  court  may 
continue  the  hearing  from  time  to  time,  and  may  in  the  mean- 
time commit  the  child  to  the  care  and  control  of  a  probation 
officer  duly  appointed  by  the  court,  and  may  allow  such  child 
>  remain  in  its  own  home,  subject  to  the  visitation  and  control 
of  the  probation  officer;  such  child  to  report  to  the  court  as 
<)ften  as  may  be  required,  and  shall  be  subject  to  be  returned  to 
the  court  for  further  proceedings  whenever  such  action  shall 
appear  to  the  court  to  be  necessary ;  or  the  court  may  authorize 
the  child  to  be  placed  in  a  suitable  family  home,  subject  to  the 
friendly  supervision  of  the  probation  officer  and  the  further 
order  of  the  court ;  or  it  may  authorize  the  child  to  be  boarded 
out  in  some  suitable  family  home,  in  case  provision  is  made  by 
voluntary  contribution  or  otherwise  for  payment  of  the  board 
of  such  child  until  suitable  provision  may  be  made  for  the 
child  in  a  home  without  such  payment;  or  the  court  may 
commit  the  child  to  a  suitable  institution  for  the  care  of  de- 
linquent children;  provided,  that  no  child  under  the  age  of 
sixteen  years  shall  be  committed  to  the  State  Reformatory, 
and  in  no  case  shall  a  child  be  committed  beyond  his  or  her 
minority.  A  child  committed  to  such  institution  shall  be 
subject  to  the  control  of  the  board  of  managers  thereof,  and 
the  board  shall  have  power  to  parole  such  child  on  such  con- 
ditions as  it  may  prescribe;  and  the  court  shall,  on  the  rec- 
ommendation of  the  board,  have  power  to  discharge  such  child 
from  custody  whenever,  in  the  judgment  of  the  court,  his  or 
her  reformation  is  complete;  or  the  court  may  commit  the 
child  to  the  care  and  custody  of  some  association  that  will  re- 
ceive it,  embracing  in  its  objects  the  care  of  neglected  and 
dependent  children,  if  such  institution  be  duly  credited  as 
hereinafter  provided,  or  to  the  care  and  custody  of  some  dis- 
creet person.  (Laws  1905,  ch.  190,  sec.  9.) 

SEC.  316.  The  Court  May  Revoke  the  Custody.  [5108.]  In 
any  case  where  a  dependent,  neglected  or  delinquent  child  has 
been  committed  to  the  care  and  custody  of  any  association  or 
individual,  the  court  may  cause  the  child  to  be  brought  before 
it,  together  with  the  person  in  whose  custody  he  may  be,  and 
if  it  shall  appear  that  a  continuance  of  such  custody  is  not  for 
the  best  interests  of  such  child,  the  court  may  revoke  and  set 


116  JUVENILE   COURT.  [Ch.  16 

aside  the  order  giving  such  custody,  and  make  such  further 
orders  in  the  premises  as  to  the  future  disposition  of  the  child 
as  shall  seem  best.  (Laws  1905,  ch.  190,  sec.  10.) 

SEC.  317.  Child  Under  Sixteen  Not  to  be  Taken  Before 
Courts  Other  than  Juvenile  Courts.  [5109.]  When  a  child 
under  the  age  of  sixteen  years  is  arrested,  with  or  without  a 
warrant,  such  child  shall,  instead  of  being  taken  before  a 
justice  of  the  peace  or  police  magistrate  or  judge  or  any  other 
court  now  or  hereafter  having  jurisdiction  of  the  offense 
charged,  be  taken  before  such  juvenile  court;  or  if  the  child 
shall  have  been  taken  before  a  justice  of  the  peace  or  police 
magistrate  or  judge  of  such  court,  it  shall  be  the  duty  of  such 
justice  of  the  peace  or  police  magistrate  or  judge  of  such  court 
to  transfer  the  case  to  such  juvenile  court,  and  of  the  officer 
having  the  child  in  charge  to  take  such  child  before  said  court ; 
and  in  any  such  case  the  said  court  may  proceed  to  hear  the 
defense  of  the  case  in  the  same  manner  as  if  the  child  had  been 
brought  before  the  court  upon  the  petition  as  herein  provided. 
In  any  case  the  court  shall  require  notice  to  be  given  and  in- 
vestigation to  be  made  as  in  the  several  cases  under  this  act 
provided  for,  and  may  adjourn  the  hearing  from  time  to  time 
for  the  purpose.  (Laws  1905,  ch.  190,  sec.  11.) 

SEC.  318.  Appeals  to  District  Court.  [5110.]  An  appeal 
shall  be  allowed  to  the  district  court  by  any  child  from  the 
final  order  of  commitment  made  by  the  juvenile  court,  and  may 
be  demanded. on  the  part  of  the  child  by  its  parent,  guardian, 
or  custodian,  or  by  any  relation  of  such  child  within  the  third 
degree  of  kinship.  Such  appeal  shall  be  taken  within  ten  days 
after  the  making  of  the  order  complained  of  by  written  notice 
of  appeal  filed  with  the  judge  of  the  juvenile  court ;  whereupon 
it  shall  be  the  duty  of  the  judge  of  said  court,  without  unneces- 
sary delay,  to  transmit  all  papers,  together  with  a  transcript  of 
his  records  of  the  case,  to  the  clerk  of  the  district  court  of  his 
county,  by  whom  the  case  shall  be  docketed  in  the  order  of  its 
reception.  Such  appeal  shall  not  suspend  or  vacate  the  order 
appealed  from,  but  the  same  shall  continue  in  force  in  all  re- 
spects the  same  as  if  no  appeal  had  been  taken  until  final  judg- 
ment has  been  rendered  in  the  district  court ;  provided,  however, 
that  the  judge  of  the  district  court  may,  pending  a  hear- 
ing on  appeal,  make  such  modification  of  the  order  of  the  juve- 
nile court  and  upon  such  conditions  as  to  him  may  seem  proper. 
Upon  the  final  hearing  on  appeal  the  case  shall  be  heard  and 
disposed  of  in  the  spirit  of  this  act  and  in  the  exercise  of  all 
the  powers  and  discretion  herein  given  to  the  juvenile  court. 
In  all  cases  of  felony  the  judge  of  the  juvenile  court  may  re- 
mand the  person  apprehended  to  the  district  court  or  county 
court  for  trial.  (Laws  1905,  ch.  190,  sec.  12.) 

SEC.  319.  Assistance  of  City  and  County  Attorneys,  and 
Other  Officials.  [5111.]  It  shall  be  the  duty  of  all  county  at- 


Ch.  16]  JUVENILE   COURT.  117 

torneys  within  their  respective  counties,  and  city  attorneys 
within  their  respective  cities,  to  give  to  the  probation  officers 
such  aid  in  the  performance  of  their  duties  as  may  be  con- 
sistent with  the  duties  of  the  office  of  such  attorneys.  It  shall 
be  the  duties  of  the  police  officers  and  constables  making  ar- 
rests of  children  under  sixteen  years  of  age  in  the  counties 
herein  mentioned  to  at  once  give  information  of  that  fact  to 
the  probation  officer  or  to  the  judge  of  the  juvenile  cour£  herein 
provided,  and  also  to  furnish  such  probation  officer  or  judge 
with  all  the  facts  in  his  possession  pertaining  to  said  child,  its 
parents,  guardian,  or  other  person  likely  to  be  interested  in 
such  child,  and  also  the  nature  of  the  charge  upon  which  such 
charge  has  been  made.  Any  probation  officer  may,  without 
warrant  or  other  process,  at  any  time  until  final  disposition  of 
the  case  of  any  child  over  whom  said  juvenile  court  shall  have 
acquired  jurisdiction,  take  any  child  placed  in  his  care  by  said 
court  and  bring  such  child  before  the  court,  or  the  court  may 
issue  a  warrant  for  the  arrest  of  any  such  child ;  and  the  court 
may  thereupon  proceed  to  sentence  or  make  other  disposition 
of  the  case.  (Laws  1905,  ch.  190,  sec.  13.) 

SEC.  320.  Discretion  of  Juvenile  Court  as  to  Penalties  of 
State  Laws  and  City  Ordinances.  [5112.]  All  punishments 
and  penalties  imposed  by  law  upon  persons  for  the  commission 
of  offenses  against  the  laws  of  the  state,  or  imposed  by  city 
ordinances  for  the  violation  of  such  ordinances,  in  the  case  of 
delinquent  children  under  the  age  of  sixteen  years,  shall  rest 
in  the  discretion  of  the  judge  of  the  juvenile  court,  and  execu- 
tion of  any  sentence  may  be  suspended  or  remitted  by  said 
court.  (Laws  1905,  ch.  190,  sec.  14.) 

SEC.  321.  Care  and  Custody  of  Child  to  be  Parental.  [5113.] 
This  act  shall  be  liberally  construed,  to  the  end  that  its  pur- 
poses may  be  carried  out,  to  wit,  that  the  care,  custody  and 
discipline  of  a  child  shall  approximate,  as  nearly  as  may  be 
proper  parental  care;  and  in  all  cases  where  the  same  can  be 
properly  done,  that  a  child  may  be  placed  in  an  approved  family 
home,  by  legal  adoption  or  otherwise.  And  in  no  case  shall 
any  proceedings,  order  or  judgment  of  the  juvenile  court,  in 
cases  coming  within  the  purview  of  this  act,  be  deemed  or  held 
to  import  a  criminal  act  on  the  part  of  any  child ;  but  all  pro- 
ceedings, orders  and  judgments  shall  be  deemed  to  have  been 
taken  and  done  in  the  exercise  of  the  parental  power  of  the 
state.  (Laws  1905,  ch.  190,  sec.  15.) 

SEC.  322.  Parents  Responsible  for  Delinquency  of  Children; 
Penalty.  [5114.]  In  all  cases  where  any  child  shall  be  a  delin- 
quent, dependent  or  neglected  child,  as  defined  by  the  statutes 
of  this  state,  the  parent  or  parents  or  other  persons  responsible 
for  or  by  any  act  causing,  encouraging  or  contributing  to  such 
delinquency,  dependency  or  neglect  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  trial  and  conviction  thereof  shall  be 


118  JUVENILE  COURT.  [Ch.  16 

fined  in  a  sum  not  to  exceed  one  thousand  dollars,  or  imprisoned 
in  the  county  jail  for  a  period  not  to  exceed  one  year,  or  by 
both  such  fine  and  imprisonment.  The  juvenile  courts  shall 
have  jurisdiction  of  all  cases  coming  within  the  provisions  of 
this  act.  (Laws  1907,  ch.  177,  sec.  1.) 

SEC.  323.  Suspension  of  Sentence;  Release;  Bond.  [5115.] 
The  court  may  suspend  any  sentence  hereunder  or  release  any 
person  sentenced  under  this  act  from  custody  upon  condition 
that  such  person  shall  furnish  a  good  and  sufficient  bond  or 
undertaking  to  the  people  of  the  state  of  Kansas  in  such  penal 
sum,  not  exceeding  two  thousand  dollars,  as  the  court  shall 
determine,  conditioned  for  the  payment  of  such  amount  as  the 
court  may  order,  not  exceeding  twenty-five  dollars  per  month 
for  each  child,  for  the  support,  care  and  maintenance  of  such 
child  while  under  the  guardianship,  or  in  the  custody  of  any 
individual  or  any  public,  private  or  state  home,  institution,  as- 
sociation or  orphanage  to  which  the  child  may  have  been  com- 
mitted or  entrusted  under  the  provisions  of  the  laws  of  this 
state  concerning  dependent  and  neglected  children.  (Laws 
1907,  ch.  177,  sec.  2.) 

SEC.  324.  Custody  of  Child  During  Suspension  of  Sentence. 
[5116.]  The  court  may  also  suspend  any  sentence  imposed 
under  this  act,  and  may  permit  any  dependent  child  to  remain 
in  the  custody  of  any  such  person  found  guilty  upon  conditions 
to  be  prescribed  or  imposed  by  the  court  as  seem  most  calcu- 
lated to  remove  the  cause  of  such  dependence  or  neglect,  and 
while  such  conditions  are  accepted  and  complied  with  by  any 
such  person  such  sentence  may  remain  suspended  and  such 
person  shall  be  considered  on  probation  in  said  court ;  in  case 
a  bond  is  given  as  provided  herein,  the  conditions  prescribed 
by  the  court  may  be  made  a  part  of  the  terms  and  conditions 
of  such  bond.  (Laws  1907,  ch.  177,  sec.  3.) 

SEC.  325.  Forfeiture  of  Bond  and  Term  of  Probation. 
[5117.]  Upon  the  failure  of  any  such  person  to  comply  with 
the  terms  and  conditions  of  such  bond  or  of  the  conditions  im- 
posed by  the  court,  such  bond  or  the  term  of  probation  may  be 
declared  forfeited  and  terminated  by  the  court,  and  the  original 
sentence  executed  as  though  it  had  never  been  suspended,  and 
the  term  of  any  jail  sentence  imposed  in  any  such  case  shall 
commence  from  the  date  of  the  incarceration  of  any  such  per- 
son after  the  forfeiture  of  such  bond  or  term  of  probation. 
There  shall  be  deducted  from  any  such  period  of  incarceration 
any  part  of  such  sentence  which  may  have  already  been  served. 
(Laws  1907,  ch.  177,  sec.  4.) 

SEC.  326.  Judgment  in  Case  of  Forfeiture  of  Bond.  [5118.] 
It  shall  not  be  necessary  to  bring  a  separate  suit  to  recover  the 
penalty  of  any  such  bond  so  forfeited,  but  the  court  may  cause 
a  citation  to  issue  to  the  surety  or  sureties  thereon,  requiring 
that  he  dr  they  appear  at  a  time  named  therein  by  the  court, 


Ch.  16]  JUVENILE   COURT.  119 

which  time  shall  not  be  less  than  ten  nor  more  than  twenty 
days  from  the  issuance  thereof,  and  show  cause,  if  any  there 
be,  why  judgment  should  not  be  entered  for  the  penalty  of 
such  bond  and  execution  issued  for  the  amount  thereof  against 
the  property  of  the  surety  or  sureties  thereon,  as  in  civil  cases, 
and  upon  failure  to  appear  or  failure  to  show  any  such  suffi- 
cient cause,  the  court  shall  enter  such  judgment  in  behalf  of 
the  people  of  the  state  of  Kansas  against  such  surety  or  sure- 
ties, or  in  case  of  default  or  refusal  to  pay  the  said  bond,  action 
may  be  taken  in  any  court  of  competent  jurisdiction  in  behalf 
of  the  people  of  the  state  of  Kansas  to  compel  the  payment  of 
said  bonds.  Any  moneys  collected  or  paid  upon  any  such  exe- 
cution or  in  any  case  upon  said  bond  shall  be  turned  over  to 
the  county  treasurer  of  the  county  in  which  such  bond  is  given, 
to  be  applied  to  the  care  and  maintenance  of  the  child  or  chil- 
dren for  whose  dependency  such  conviction  was  had,  in  such 
manner  and  upon  such  terms  as  the  juvenile  court  may  direct ; 
provided,  that  it  shall  not  be  necessary  in  the  opinion  of  the 
court  to  use  such  fund  or  any  part  thereof  for  the  support  and 
maintenance  of  such  child,  the  same  shall  be  paid  into  the 
county  treasury  and  become  a  part  of  the  funds  of  such  county. 
(Laws  1907,  ch.  177,  sec.  5.) 

SEC.  327.  Acts  Not  Repealed.  [5119.]  Nothing  in  this  act 
shall  be  construed  to  repeal  any  acts  providing  for  the  support 
by  parents  of  their  minor  children  or  any  part  of  the  acts  con- 
cerning delinquent  children  or  persons  contributing  thereto; 
and  nothing  in  said  acts  shall  prevent  proceedings  under  this 
act  in  any  proper  case.  (Laws  1907,  ch.  177,  sec.  6.) 

SEC.  328.  Detention  Home;  Juvenile  Farm.  [5120.]  That 
the  county  commissioners  of  every  county  of  the  state  having 
a  population  of  more  than  twenty  thousand  may  provide  a 
detention  home  or  a  juvenile  farm  for  the  purpose  of  caring 
for  homeless  children  under  sixteen  years  of  age  in  the  custody 
of  the  judge  of  the  juvenile  court;  provided,  however,  that  a 
juvenile  farm  may  be  established  only  in  counties  having  a 
city  whose  population  is  twenty-five  thousand  or  over.  Until 
a  building  is  erected  for  the  purpose  of  a  detention  home,  or 
until  a  juvenile  farm  with  suitable  and  convenient  buildings 
has  been  provided,  the  commissioners  may  lease  or  rent  a  suit- 
able and  convenient  building  or  a  part  thereof,  for  a  term  not 
to  exceed  five  years  for  any  one  period,  which  shall  be  used  as 
a  detention  home.  (Laws  1907,  ch.  177,  sec.  7.) 

SEC.  329.  Government  of  Detention  Home.  [5121.]  That 
the  detention  home  shall  be  in  charge  of  a  matron  or  of  a  man 
and  his  wife,  who  shall  be  under  the  supervision  of  the  judge 
of  the  juvenile  court.  The  inmates  of  the  detention  home  shall 
be  controlled  as  far  as  possible  through  parental  care.  The 
children  shall  be  placed  in  the  public  schools  where  possible, 
or,  if  it  be  so  determined,  the  commissioners  may  provide  for 


120  JUVENILE   COURT.  [Ch.  16 

separate  instruction  within  the  home.  The  detention  home  is 
to  supplement  the  work  of  the  juvenile  court  and  to  be  used  in 
lieu  of  any  jail  or  prison,  but  it  shall  be  the  policy  of  the  judge 
of  the  juvenile  court,  probation  officer  and  the  matron  or  su- 
perintendent of  the  detention  home  to  make  the  said  house  of 
detention  a  temporary  home,  and  as  soon  as  possible  to  provide 
for  the  return  of  the  inmates  of  the  home  to  their  natural  par- 
ents or  to  parents  by  adoption.  (Laws  1907,  ch.  177,  sec.  8.) 

SEC.  330.  Record  of  Inmates  of  Detention  Home.  [5122.] 
It  shall  be  the  duty  of  the  matron  or  superintendent  of  the  de- 
tention home  to  keep  a  complete  record  of  all  inmates  of  the 
home,  including  age,  sex,  time  of  admission,  and  time  of  dis- 
charge, conduct  and  character,  state  of  health  at  time  of  ad- 
mission and  dismissal,  and  shall  make  a  monthly  report  to  the 
judge  of  the  juvenile  court  on  a  blank  provided  for  the  same. 
(Laws  1907,  ch.  177,  sec.  9.) 

SEC.  331.  Tax  Levied  for  Detention  Home  or  Juvenile  Farm; 
Salary  of  Matron  or  Superintendent.  [5123.]  For  the  support 
and  maintenance  of  the  detention  home  or  juvenile  farm,  the 
county  commissioners  shall  make  an  estimate  of  the.  cost  and 
levy  a  tax,  as  in  the  case  of  providing  for  other  expenses  of 
the  county,  and  all  expenses  of  the  said  detention  home  or 
juvenile  farm  shall  be  accorded  as  a  part  of  the  expenses  of 
the  said  juvenile  court  of  the  said  county.  The  salary  of  the 
matron  or  superintendent  shall  be  fixed  by  the  county  commis- 
sioners, and  warrants  drawn  for  the  payment  of  said  salary 
and  all  other  bills  regularly  allowed  by  the  said  commis- 
sioners on  account  of  said  expenses  for  the  maintenance 
of  said  detention  home  or  juvenile  farm.  (Laws  1907,  ch.  177, 
sec.  10.) 

SEC.  332.  Annual  Report  of  Judge  of  Juvenile  Court.  [5124.] 
That  the  judge  of  the  juvenile  court  shall  make  an  annual  re- 
port on  the  1st  day  of  July  to  the  governor  of  the  state,  which 
shall  be  complete  history  of  the  proceedings  of  the  court  for 
the  preceding  year;  that  the  said  report  shall  contain  statistics 
of  the  number  of  cases,  the  nature  of  the  cases,  and  the  d^'spo- 
sition  of  the  same.  It  shall  also  contain  a  financial  statement 
of  the  court,  including  all  expenses,  expenditures  made,  and 
fines  collected.  (Laws  1907,  ch.  177,  sec.  11.) 

SEC.  333.  Jurisdiction  After  the  Age  of  Sixteen.  [5125.] 
When  any  offender  before  the  age  of  sixteen  has  been  brought 
before  the  judge  of  the  juvenile  court,  the  jurisdiction  of  said 
court  over  said  offender  shall  not  expire  on  account  of  the 
child's  arriving  at  the  age  of  sixteen,  but  said  offender  shall 
continue  in  the  charge  of  said  court  until  he  is  finally  dis- 
charged by  the  same.  (Laws  1907,  ch.  177,  sec.  12.) 

SEC.  334.  Compensation  in  Counties  Having  a  Population  of 
Over  25,000.  [5126.]  In  counties  having  twenty-five  thousand 
people  or  over,  the  probation  officer  who  is  appointed  for  said 


Ch.  16]  JUVENILE   COURT.  121 

\ 

county  shall  receive  compensation  not  to  exceed  three  dollars  a 
day  for  time  of  actual  service.  (Laws  1907,  ch.  177,  sec.  13.) 

SEC.  335.  Jurisdiction.  [5127.]  The  juvenile  court  shajl 
have  jurisdiction  over  all  dependent  children  under  sixteen 
years  of  age.  All  applications  for  the  admission  of  children  to 
the  Soldiers'  Orphans'  Home  shall  be  made  to  the  juvenile 
court  of  the  county  of  which  any  child  is  a  resident.  (Laws 
1907,  ch.  177,  sec.  14.) 

SEC.  336.  Police  and  Sheriff  Entitled  to  Witness  Fees. 
[5128.]  When  the  police  of  any  city  or  the  sheriff  of  any 
county  in  the  state  of  Kansas  shall  appear  before  the  judge  of 
the  juvenile  court  to  make  complaint  of,  to  report  on  or  to 
testify  on  account  of  dependent,  defective  or  delinquent  chil- 
dren, they  shall  receive  ordinary  witness  fees  for  such  serv- 
ices. (Laws  1907,  ch.  177,  sec.  15.) 

SEC.  337.  Blanks.  [5129.]  Blanks  shall  be  used  by  the  ju- 
venile court  in  the  several  counties  in  Kansas  which  shall  be 
furnished  by  the  State  Board  of  Control.  (Laws  1907,  ch.  177, 
sec.  16.) 

SEC.  338.  Procedure  in  Juvenile  Court.  [Laws  1911,  ch. 
236,  sec.  1.]  The  procedure  in  the  juvenile  court  for  the  trial 
of  any  person  charged  with  causing,  encouraging  or  contribut- 
ing to  the  delinquency,  dependency  or  neglect  of  any  child 
shall  be  substantially  the  same  as  the  procedure  provided  for 
the  trial  of  misdemeanors  before  justices  of  the  peace. 

SEC.  339.  Appeal.  [Laws  1911,  ch.  236,  sec.  2.]  Any  per- 
son convicted  in  the  juvenile  court  of  causing,  encouraging  or 
contributing  to  the  delinquency,  dependency  or  neglect  of  any 
child  may  appeal  from  such  judgment  in  substantially  the 
same  manner  as  is  now  provided  for  appeals  from  the  judg- 
ment of  justices  of  the  peace  in  misdemeanor  cases. 


122  KINDERGARTENS.  [Ch.  17 


CHAPTER  XVII.— KINDERGARTENS. 

§340.    Free  kindergartens. 

SECTION  340.  Free  Kindergartens.  [7442.]  That  the  school 
[board]  of  any  school  district138  in  the  state  shall  have  power 
to  establish  and  maintain  free  kindergartens  in  connection 
with  the  public  schools  of  said  district,  for  the  instruction  of 
children  between  four  and  six  years  of  age  residing  in  said 
district,  and  shall  establish  such  courses  of  training,  study 
and  discipline  and  such  rules  and  regulations  governing  such 
preparatory  or  kindergarten  schools  as  said  board  may  deem 
best;  provided,  that  nothing  in  this  act  shall  be  construed  to 
change  the  law  relating  to  the  taking  of  the  census  of  the 
school  population  or  the  apportionment  of  state  and  county 
school  funds  among  the  several  counties  and  districts  in  this 
state ;  provided  further,  that  the  cost  of  establishing  and  main- 
taining such  kindergartens  shall  be  paid  from  the  school  fund 
of  said  districts,  and  the  said  kindergartens  shall  be  a  part 
of  the  public-school  system,  and  governed,  as  far  as  practicable, 
in  the  same  manner  and  by  the  same  officers  as  provided  by 
law  for  the  government  of  the  other  public  school  [s]  of  the 
state;  provided  further,  that  no  person  shall  be  employed  as 
a  teacher  in  such  kindergarten  schools  who  has  not  passed  a 
satisfactory  examination  in  such  subjects  as  the  State  Board 
of  Education  shall  require.  The  State  Board  of  Education 
shall  adopt  rules  governing  the  examination  of  kindergarten 
teachers  and  shall  furnish  county  superintendents  with  ex- 
amination question  [s],  and  the  examination  shall  be  held  in 
the  manner  provided  by  law  for  the  examination  of  teachers 
in  the  public  schools;  provided  further,  that  any  person  who 
shall  complete  the  course  of  training  for  kindergarten  teachers 
at  the  State  Normal  School  or  its  auxiliaries  shall  be  entitled 
to  teach  in  the  kindergarten  schools  of  this  state  without  ex- 
amination. (Laws  1907,  ch.  325,  sec.  1.) 

138.    Kindergartens  may  also  be  established  in  cities  of  the  first  and 
second  class. 


Ch.  18]  TRAVELING   LIBRARIES.  123 


CHAPTER    XVIII. — KANSAS    STATE    TRAVELING   LIBRARIES 
AND  APLINGTON  ART  GALLERY. 


§341.    Management  of  library. 
342.    Aplington    art    gallery. 


Management    of   gallery. 


SECTION  341.  Management  of  Library.  [8252.]  That  the 
Kansas  Traveling  Libraries  Commission  shall  have  the  man- 
agement of  the  traveling  library  department  of  the  state  li- 
brary, shall  make  such  rules  for  the  government  of  such  de- 
partment and  the  use  of  the  books  and  other  property  thereof 
as  they  may  deem  necessary,  and,  under  such  regulations  as 
they  may  prescribe,  they  may  send  out  temporarily  from  the 
miscellaneous  department  of  the  state  library  such  books  (not 
including  reference  books  or  other  books  inappropriate  for 
such  purposes)  as  may  be  designated  for  that  purpose  by  the 
directors  of  the  state  library  and  any  books  specially  given  to 
or  bought  for  such  traveling  libraries  to  any  library  in  the 
state,  or  to  any  community  or  organization  not  yet  having  an 
established  library  but  which  has  conformed  to  the  conditions 
of  said  regulations  of  said  commission,  and  such  books,  when 
so  sent  out  to  such  library,  community,  or  organization,  shall 
be  there  kept  for  the  use  of  the  public,  subject  to  such  reason- 
able regulations  with  reference  thereto  as  may  be  adopted  by 
said  commission.  And  said  commission  shall  from  time  to 
time  so  send  out  and  distribute  such  books  throughout  the 
state,  and  at  suitable  intervals  change  such  distribution,  in 
such  manner  as  to  secure  to  the  greatest  practicable  degree  the 
use  and  enjoyment  of  such  books  to  the  people  of  the  entire 
state.  Said  commission  shall  be  entitled  to  receive  the  assist- 
ance of  the  assistant  librarian  of  the  state  library  who  is  in 
charge  of  the  miscellaneous  department  of  the  state  library. 
(Laws  1899,  ch.  163,  sees.  3  and  4.) 

SEC.  342.  Aplington  Art  Gallery.  [8254.]  That  the  state  of 
Kansas  accepts  the  proffer  made  by  the  Kansas  Federation  of 
Women's  Clubs,  and  takes  the  collection  of  carbon  photo- 
graphic reproductions  of  the  world's  famous  paintings  for  cir- 
culation amongst  and  for  the  use  of  the  people  of  the  state; 
provided,  that  the  collection  shall  be  marked  and  known  as 
"The  Aplington  art  gallery."  (Laws  1907,  ch.  385,  sec.  1.) 

SEC.  343.  Management  of  Gallery.  [8255.]  That  the  Ap- 
lington art  gallery  is  hereby  constituted  a  part  of  the  Kansas 
traveling  libraries,  and  is  placed  under  the  direction  and  con- 
trol of  the  Kansas  Traveling  Libraries  Commission,  with  the 
same  powers,  duties  and  restrictions  as  are  provided  for  the 
care,  circulation  and  distribution  of  books  belonging  to  the 
Kansas  traveling  libraries  by  chapter  163,  Laws  of  1899. 
(Laws  1907,  ch.  385,  sec.  2.) 


124 


LEVIES. 


[Ch.  19 


CHAPTER  XIX.— LEVIES. 


§344.    Levies,  general  limitation. 

345.  Levies,    exceptions    to    limitations. 

346.  Increasing    the    levy. 


§347.    County  clerk,   excessive   levies. 
348.    Penalty,    officers. 


SECTION  344.  Levies,  General  Limitation.  [9418.]  All  levies 
authorized  in  any  taxing  district  by  statute,  and  which  are 
not  expressly  limited  herein,  are  hereby  limited  so  that  no 
such  levy  shall  be  made  in  excess  of  twenty-five  per  cent  of 
the  rates  so  authorized.  (Laws  1909,  ch.  245,  sec.  25.) 

SEC.  345.  Levies,  Exceptions  to  Limitations.  [9419.]  No 
limitation  imposed  by  this  act  shall  in  any  wise  apply  to  or  in 
any  way  limit  any  levy  which  is  authorized  by  statute  for  the 
purpose  of  creating  sinking-  and  interest-funds  necessary  to 
liquidate  at  maturity  the  principal  and  interest  of  any  in- 
debtedness authorized  by  law;  nor  shall  any  provision  of  this 
act  apply  to  or  in  any  way  limit  special  taxes  levied  by  ordi- 
nance in  any  city.  And  nothing  in  this  act  shall  be  construed 
to  limit  the  levy  provided  by  any  special  act  heretofore  passed 
for  the  construction  of  roads,  and  under  which  any  county  is 
now  operating.  (Laws  1909,  ch.  245,  sec.  26.) 

SEC.  346.  Increasing  the  Levy.  [9420.]  If  any  board  of 
levy,  or  any  officer  that  is  charged  with  the  duty  of  levying 
tax  in  any  taxing  district,  shall  be  of  the  opinion  that  the 
amount  of  tax  limited  by  this  act  will  be  insufficient  for  the 
needs  of  such  taxing  district  for  the  current  year,  the  question 
of  an  increased  levy  may  be  submitted  to  the  voters  of  such 
taxing  district  at  a  general  election  or  at  a  special  election 
called  for  the  purpose  in  the  manner  provided  by  law  for  call- 
ing special  elections  in  such  taxing  district;  provided,  that 
under  the  provisions  of  this  section  a  vote  may  be  had  upon 
the  question  of  an  increased  levy  at  the  annual  meeting  of  any 
school  district.  If  any  such  question  of  increasing  the  levy 
shall  be  submitted  at  any  election  or  meeting  as  above  set 
forth,  due  notice  thereof  shall  be  given  for  at  least  thirty  days 
in  advance  of  such  election  or  meeting  by  publication  in  the 
official  county  paper  for  all  taxing  districts,  except  school  dis- 
tricts; but  in  school  districts  by  posting  a  notice  in  the  man- 
ner provided  by  law  for  other  elections  or  meetings;  said 
notice  shall  also  give  the  proposed  increase  in  the  levy.  If 
three-fourths  of  the  votes  cast  at  any  such  election  shall  be  in 
favor  of  the  increased  levy,  as  namecf  in  said  election  notice, 
then  the  officers  charged  with  levying  taxes  may  make  such 
increased  levy  for  the  year  voted  upon,  and  thereafter  the 
limitation  of  this  act  shall  apply,  unless  an  increased  levy  for 
a  particular  year  shall  be  voted  at  another  election  in  like  man- 
ner. (Laws  1909,  ch.  245,  sec.  27  ) 


Ch.  19]  LEVIES.  125 

SEC.  347.  County  Clerk;  Excessive  Levies.  [9421.]  Any 
levy  which  may  be  certified  to  the  county  clerk  in  excess  of  the 
limitations  placed  by  this  act  shall  be  unlawful,  and  in  any 
such  case  it  shall  be  unlawful  for  the  county  clerk  of  any 
county  within  the  state  to  enter  upon  the  tax-roll  of  the  county 
any  such  excessive  levy ;  and  in  case  of  any  such  excess  in  any 
levy  it  is  hereby  made  the  duty  of  the  county  clerk  and  he  is 
hereby  required  to  reduce  such  levy  and  to  extend  upon  the 
tax-roll  only  such  a  part  thereof  as  will  comply  with  the  pro- 
visions of  this  act.  (Laws  1909,  ch.  245,  sec.  27.) 

SEC.  348.  Penalty;  Officers.  [9422.]  Any  officer  of  any  tax- 
ing district  or  any  county  clerk  who  shall  violate  any  provision 
of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  fined  in  any  sum  not  less  than  one  hundred 
dollars  nor  more  than  five  hundred  dollars  and  shall  also  be 
subject  to  removal  from  office  by  a  civil  action.  (Laws  1909, 
ch.  249,  sec.  29.) 


126 


LIBRARIES — SCHOOL  DISTRICT. 


[Ch.  20 


CHAPTER  XX. — LIBRARIES,  SCHOOL  DISTRICT. 


§351.    Librarian  to  be  appointed  by  district 
board. 


§349.  School  dstricts  may  vote  a  tax  not 
to  exceed  two  mills  for  district 
library. 

350.    The  money  so  collected  shall  be  used 
for  no  other  purpose. 

SECTION  349.  Library  Fund.  [7546.]  That  the  several 
school  districts  of  the  state  may,  at  the  annual  meeting  in  each 
year,  vote  a  tax139  upon  all  the  taxable  property  of  the  district, 
not  to  exceed  two  mills140  on  the  dollar,  which  tax  shall  be  certi- 
fied by  the  district  clerk  to  the  county  clerk,  at  the  same  time 
and  manner  as  other  school-district  taxes  are  certified;  and 
the  county  clerk  shall  place  the  same  on  the  tax-roll  of  the 
county  in  a  separate  column,  designating  the  purpose  for 
which  such  tax  was  levied;  and  said  tax  shall  be  collected 
and  paid  over  to  the  treasurer  of  said  district  in  all  respects 
as  other  school-district  taxes  are  collected  and  paid ;  provided, 
however,  that  in  the  districts  where  the  taxable  property  of  the 
district  is  more  than  $20,000  and  not  more  than  $30,000,  there 
shall  not  be  levied  more  than  one  and  one-half  mills140  on  the 
dollar;  and  where  the  taxable  property  is  more  than  $30,000 
and  not  more  than  $50,000,  there  shall  not  be  levied  more 
than  one  mill140  on  the  dollar ;  and  in  all  cases  where  the  taxable 
property  of  the  district  shall  exceed  $50,000,  there  shall  not  be 
levied  more  than  one-half  mill140  on  the  dollar.  (Laws  1876, 
ch.  122,  art.  8,  sec.  1.) 

SEC.  350.  How  Used.  [7547.]  The  money  so  collected  shall 
be  used  under  the  direction  of  the  board  of  directors  for  the 
purchasing  of  a  school-district  library,  and  for  no  other  pur- 
pose ;  and  the  district  board,  in  the  purchase  of  books,  shall  be 
confined  to  works  of  history,  biography,  science,  and  travels. 
(Laws  1876,  ch.  122,  art.  8,  sec.  2.) 

SEC.  351.  Librarian;  Rules.  [7548.]  The  district  clerk 
shall  be  the  librarian,  unless  the  board  of  directors  shall  ap- 
point some  other  competent  and  suitable  person,  who  shall 
reside  in  the  district,  to  perform  the  duties  of  that  office ;  and 
the  board  shall  have  power  to  make  such  rules  and  regulations 
in  regard  to  the  management  of  said  library  as  they  shall 
deem  best,  and  they  shall  revise  and  change  said  rules  from 
time  to  time  as  the  necessities  of  the  case  may  require.  (Laws 
1876,  ch.  122,  art.  8,  sec.  3.) 

139.     The  library  tax  is  an  additional  levy. 

«/l?°'i   Limited  to  twenty-five  per  cent  of  the  above  amounts  by  Laws 
1909,  ch.  245,  sec.  25  (section  344  of  this  book). 


Ch.  21] 


NORMAL   INSTITUTES. 


127 


CHAPTER  XXL— NORMAL  INSTITUTES. 


an- 


§357.  State  superintendent  of  public  in- 
struction shall  certify  to  state 
auditor  the  number  of  persons  en- 
rolled in  each  institute ;  auditor 
shall  issue  order  on  state  treas- 
urer for  fifty  dollars. 

358.  Institute   fund,    how   disbursed. 

359.  Union    institutes,    how   formed ;    cus- 

todian of  fund. 


§352.    Normal    institutes    to    be    held 
nually. 

353.  Conductors  and  instructors  ;  certificate 

of    special   qualifications    required. 

354.  Normal-institute    fund,    how    raised ; 

each  candidate  for  a  teacher's 
certificate  shall  pay  a  fee  of  one 
dollar. 

355.  County  treasurer  custodian  of  funds. 

356.  County  superintendent  shall  transmit 

funds  to  county  treasurer. 

SECTION  352.  Normal  Institutes.  [7509.]  The  county  su- 
perintendents of  public  instruction  shall  hold  annually,  in 
their  respective  counties,  for  a  term  of  not  less  than  four 
weeks,  a  normal  institute  for  the  instruction  of  teachers  and 
those  desiring  to  teach ;  provided,  that  in  the  sparsely  settled 
portions  of  the  state,  two  or  more  counties  may  be  united  in 
holding  one  normal  institute,  as  hereinafter  provided.  (Laws 
1877,  ch.  136,  sec.  1.) 

SEC.  353.  Conductor  and  Instructors.  [7510.]  The  county 
superintendent  of  public  instruction,  with  the  advice  and  con- 
sent of  the  state  superintendent  of  public  instruction,  shall 
determine  the  time  and  place  of  holding  such  normal  insti- 
tutes, and  shall  select  a  conductor  and  instructors  for  the 
same;  provided,  that  no  person  shall  be  paid  from  the  insti- 
tute funds141  for  services  as  conductor  or  instructor  of  said 
institutes  who  has  not  received  a  certificate142  from  the  state 
board  of  examiners  as  to  his  special  qualifications143  for  that 
work.144  (Laws  1877,  ch.  136,  sec.  2.) 

SEC.  354.  Normal-institute  Fund.  [7511.]  To  defray  the 
expenses  of  said  institute,  the  county  superintendent  shall 
require  the  payment  of  a  fee  of  one  dollar  from  each  candi- 
date for  a  teacher's  certificate,145  and  the  payment  of  one  dol- 

141.  The  law  does  not  forbid  the  county  superintendent  to  permit  a 
person  who  has  not  been  authorized  by  the  State  Board  of  Education  to 
instruct  in  his  institute,  but  he  cannot  pay  for  said  services  from  the 
public  funds. 

142.  Holders  of  special   institute  certificates   must  confine  their  in- 
struction to  the  branches  named  in  said  special  certificates. 

143.  It  is  contrary  to  public  policy  for  an  uncertificated  person  to  in- 
struct in  a  normal  institute. 

144.  The  county  superintendent  can  conduct  or  instruct  in  his  own  in- 
stitute without  a  certificate,  but  he  cannot  legally  draw  pay  for  such 
service. 

145.  The  county  superintendent  must  require  the. payment  of  a  fee  of 
one  dollar  from  each  candidate  for  a  teacher's  certificate.    This  fee  should 
also  be  charged  for  temporary  certificates  and  for  the  renewal  of  profes- 
sional certificates.     This  fee  should  be  collected  in  advance,  and  it  cannot 
be  returned  to  the  unsuccessful  applicant. 


128  NORMAL  INSTITUTES.  [Ch.  21 

lar  registration  fee  for  each  person  attending  the  normal 
institute;  and  the  board  of  county  commissioners  shall  ap- 
propriate such  sum  as  the  county  superintendent  may  deem 
necessary,  for  the  further  support  of  such  institutes;146  pro- 
vided, such  appropriation  does  not  in  any  one  year  exceed  the 
sum  of  $100.  (Laws  1901,  ch.  267,  sec.  1.) 

SEC.  355.  Custodian.  [7512.]  The  fund  thus  created  shall 
be  designated  the  "normal-institute  fund,"  and  the  county 
treasurer  shall  be  the  custodian  of  said  fund.  (Laws  1877, 
ch.  136,  sec.  4.) 

SEC.  356.  Monthly  Reports.  [7513.]  The  county  superin- 
tendent shall,  monthly,  and  at  the  close  of  each  institute, 
transmit  to  the  county  treasurer  all  moneys  received  by  him, 
as  provided  in  section  3,147  together  with  the  name  of  each 
person  so  contributing,  and  the  amount ;  and  the  county  treas- 
urer shall  place  all  such  moneys  to  the  credit  of  the  "normal- 
institute  fund."  (Laws  1877,  ch.  136,  sec.  5.) 

SEC.  357.  State  Aid.  [Laws  1911,  ch.  270,  sec.  1.]  That 
section  7514  of  the  General  Statutes  of  Kansas  of  1909  be  and 
the  same  is  hereby  amended  so  as  to  read  as  follows:  Sec. 
7514.  It  shall  be  the  duty  of  the  state  superintendent  of  public 
instruction,  annually,  when  twenty-five  persons  have  regis- 
tered as  members  of  any  normal  institute  organized  under  the 
provisions  of  this  act  and  have  paid  the  required  registration 
fee,  to  certify  the  same  to  the  auditor  of  state,  who  shall  for- 
ward to  the  county  treasurer  of  said  county  an  order  on  the 
treasurer  of  the  state  for  the  sum  of  fifty  dollars,  to  be  paid 
out  of  any  money  appropriated  for  that  purpose;  which 
amount  the  county  treasurer  shall  place  to  the  credit  of  the 
''normal-institute  fund";  provided,  that  when  two  or  more 
counties  shall  unite  in  holding  a  normal  institute  in  accord- 
ance with  the  provisions  of  the  next  succeeding  section,  and 
there  shall  be  registered  as  members  of  such  institute  a  num- 
ber of  persons  which  equals  or  exceeds  the  average  of  twenty- 
five  for  each  county  thus  uniting,  that  said  institute  shall  be 
entitled  to  receive  the  sum  of  fifty  dollars  for  each  county 
so  united. 

SEC.  358.  Disbursements.  [7515.]  All  disbursements  of  the 
"normal-institute  fund"  shall  be  upon  the  order  of  the  county 
superintendent,  and  no  orders  shall  be  drawn  on  said  fund 
except  for  claims  approved  by  the  county  superintendent,  for 
services  rendered  or  expenses  incurred  in  connection  with  the 
normal  institutes.148  (Laws  1877,  ch.  136,  sec.  7.) 

146.  The  board  of  county  commissioners  are  required  by  law  to  make 
this  appropriation. 

147.  Section  354  of  this  book. 

148.  It  is  unlawful  for  the  county  treasurer  to  pay  an  order  on  the 
"normal-institute  fund"  drawn  "for  services  rendered,"  in  favor  of  any 


Ch.  21',]  NORMAL  INSTITUTES.  129 

SEC.  359.  Union  Institutes.  [Laws  1911,  ch.  270,  sec.  2.] 
That  section  7516  of  the  General  Statutes  of  Kansas  of  1909 
be  and  is  hereby  amended  to  read  as  follows :  Sec.  7516.  Two 
or  more  counties,  each  having  less  than  12,000  inhabitants, 
may  unite  in  holding  one  normal  institute,  with  the  consent 
and  by  the  direction  of  the  state  superintendent  of  public  in- 
struction; provided,  that  aside  from  determining  the  time 
and  place  of  holding  the  normal  institute  and  contracting  with 
a  conductor  and  instructors  for  the  same,  the  superintendent 
of  the  county  in  which  the  institute  shall  be  located  shall  be 
in  charge  of  the  same  and  direct  and  determine  all  matters 
of  details ;  and  such  superintendent  shall  draw  all  orders  upon 
the  normal-institute  fund  as  provided  in  the  original  act;  and 
provided,  that  the  treasurer  of  the  county  in  which  such  normal 
institute  is  held  shall  be  the  custodian  of  the  "normal-institute 
fund"  to  whom  the  state  and  county  appropriations  for  the 
benefit  of  the  normal  institute  shall  be  transmitted,  and  to 
whom  the  several  county  superintendents  of  the  counties  thus 
uniting  shall  transmit  the  fees  collected,  as  provided  in  the 
original  act;  and  providing  further,  that  if  a  surplus  should 
exist  after  payment  of  all  the  expenses  of  the  normal  institute 
the  same  shall  be  distributed  equally  among  the  normal-in- 
stitute funds  of  the  counties  thus  uniting. 

person  not  holding  the  certificate  of  the  State  Board  of  Education  for 
institute  work. 


-5 


130 


NORMAL  TRAINING. 


[Ch.  22 


CHAPTER  XXII.— NORMAL  TRAINING. 


§364.    Academies  eligible. 

365.  Appropriation    for    normal    training. 

366.  Appropriation     for     agriculture    and 

domestic   science. 


Normal   courses   in   high    schools. 
State   aid. 

362.  Rules  and  regulations  by  State  Board 

of    Education. 

363.  Examination ;    certificates. 

SECTION  360.  Normal  Courses  in  High  Schools.  [7845.] 
That  for  the  purpose  of  affording  increased  facilities  for  the 
professional  training  of  those  preparing  to  teach,  and  par- 
ticularly those  who  are  to  have  charge  of  our  rural  schools, 
the  State  Board  of  Education  shall  make  provisions  for  normal 
courses  of  study  and  for  normal  training  in  such  high  schools 
as  said  Board  of  Education  shall  designate ;  provided,  that  said 
high  schools  shall  be  selected  and  distributed  with  regard  to 
their  usefulness  in  supplying  trained  teachers  for  schools  in 
all  portions  of  the  state  and  with  regard  to  the  number  of 
teachers  required  for  the  schools  in  each  portion  of  the  state. 
(Laws  1909,  ch.  212,  sec.  1.) 

SEC.  361.  State  Aid.  [7846.]  Each  high  school  designated 
for  normal  training  and  meeting  the  requirements  of  the  State 
Board  of  Education  shall  receive  state  aid  to  the  amount  of 
five  hundred  dollars  per  school  year,  to  be  paid  in  two  equal  in- 
stallments, on  the  first  day  of  March  and  the  first  day  of  June 
each  year,  from  the  state  treasury,  on  a  voucher  certified  to  by 
its  superintendent  or  principal  and  approved  by  the  state 
superintendent  of  public  instruction ;  provided,  that  no  part  of 
such  money  received  from  the  state  shall  be  used  for  any  other 
purpose  than  to  pay  teachers'  wages;  and  provided  further, 
that  in  case  more  than  one  high  school  in  any  one  county  shall 
establish  a  normal  course  in  accordance  with  the  provisions  of 
this  act  and  shall  be  accredited  by  the  State  Board  of  Educa- 
tion the  total  state  aid  distributed  in  such  counties  shall  not 
exceed  one  thousand  dollars,  and  in  case  there  are  more  than 
two  high  schools  in  any  one  county  designated  and  accredited 
by  the  said  State  Board  of  Education  state  aid  to  an  amount 
not  exceeding  one  thousand  dollars  shall  be  equally  divided 
among  said  schools.  (Laws  1909,  ch.  212,  sec.  2.). 

SEC.  362.  Rules  and  Regulations  by  State  Board  of  Educa- 
tion. [7847.]  In  order  that  a  high  school  shall  be  eligible  to 
receive  state  aid  under  this  act  it  shall  have  in  regular  at- 
tendance in  its  normal-training  courses  at  least  ten  students 
during  each  semester,  and  such  normal-training  work  shall  be 
given  under  such  rules  and  regulations  as  the  State  Board  of 
Education  may  prescribe,  subject  to  the  provisions  of  this  act. 
(Laws  1909,  ch.  212,  sec.  3.) 

SEC.  363.  Examinations;  Certificates.  [7848.]  On  the  third 
Friday  and  Saturday  of  May  each  year,  in  each  high  school 


Ch.  22]  NORMAL  TRAINING.  131 

accredited  under  the  provisions  of  this  act,  an  examination  of 
applicants  for  normal-training  certificates  shall  be  conducted, 
under  such  rules  as  the  State  Board  of  Education  may  pre- 
scribe. This  examination  shall  be  in  charge  of  two  competent 
persons  appointed  by  said  board.  The  said  State  Board  of 
Education  shall  prepare  the  questions  and  fix  the  standard  for 
the  issuing  of  said  certificates ;  provided,  that  said  certificates 
shall  be  issued  only  to  graduates  of  said  normal  courses  of 
study,  and  shall  be  issued  for  a  period  of  two  years,  and  shall 
be  renewable  on  conditions  established  by  the  State  Board  of 
Education.  A  fee  of  one  dollar  shall  be  charged  each  appli- 
cant, and  the  money  so  collected  shall  be  turned  over  to  the 
treasurer  of  the  school  where  such  examination  is  held,  and 
the  treasurer  of  such  school  shall  pa^  the  persons  conducting 
said  examination  for  their  services  in  a  sum  not  to  exceed 
three  dollars  per  day  each.  The  manuscripts  shall  be  properly 
wrapped  and  sealed  and  sent  to  the  state  superintendent  of 
public  instruction,  accompanied  by  a  fee  of  ten  dollars  from 
the  funds  of  the  schools.  All  moneys  received  by  the  state 
superintendent  of  public  instruction  from  such  source  shall 
be  turned  into  the  state  treasury,  and  shall  become  available  to 
pay  the  expenses  incurred  by  the  State  Board  of  Education  in 
securing  and  paying  for  a  competent  examination  and  grading 
of  said  manuscripts.  Said  certificate  shall  be  issued  by  the 
State  Board  of  Education  and  shall  be  valid  in  any  county  of 
the  state.  All  moneys  received  from  such  source  during  the 
fiscal  years  ending  June  30,  1910  and  1911,  are  hereby  appro- 
priated to  pay  for  said  expenses  of  said  State  Board  of  Educa- 
tion. Said  expenses  shall  be  paid  on  the  warrants  of  the  state 
auditor  upon  the  filing  of  proper  vouchers  approved  by  the 
state  superintendent  of  public  instruction.  (Laws  1909,  ch. 
212,  sec.  4.) 

SEC.  364.  Academies  Eligible.  [7849.]  Accredited  acade- 
mies are  eligible  to  the  operation  of  this  act,  except  as  to  re- 
ceiving state  aid.  (Laws  1909,  ch.  212,  sec.  5.) 

SEC.  365.  Appropriation  for  Normal  Training.  [Laws  1911, 
ch.  24,  sec.  1.]  There  is  hereby  appropriated  for  normal- 
training  courses  in  high  schools  $70,000  for  the  year  1912  and 
$75,000  for  the  year  1913,  or  so  much  thereof  as  may  be 
necessary  to  carry  out  the  provisions  of  the  normal-training 
act  of  1909,  being  chapter  212  thereof,  and  the  rules  and  regu- 
lations of  the  State  Board  of  Education  made  in  accordance 
therewith;  provided,  that  no  high  school  situated  in  the  cities 
having  state  normal  schools  shall  receive  said  aid. 

SEC.  366.  Appropriation  for  Agriculture  and  Domestic 
Science.  [Laws  1911,  ch.  24,  sec.  2.]  There  is  hereby  appro- 
priated for  the  year  1912  $25,000  and  for  the  year  1913 
$25,000,  to  be  expended  as  follows,  and  to  be  distributed  in 
the  same  manner  as  is  provided  for  the  distribution  of  the 
state  aid  for  normal-training  courses:  Any  high  schools  that 


132  NORMAL  TRAINING.  [Ch.  22 

now  maintain  a  normal-training  course  under  the  provisions 
of  chapter  212  of  the  Session  Laws  of  1909,  or  that  shall  put 
into  operation  such  normal-training  course,  shall  be  entitled 
to  the  sum  of  $250  per  annum;  provided,  that  such  schools 
shall  also  maintain  courses  in  the  elements  of  agriculture  and 
domestic  science  under  such  provisions  and  regulations  as 
may  be  established  by  the  State  Board  of  Education ;  and  pro- 
vided further,  that  no  such  school  shall  be  eligible  to  the  $250 
annual  state  aid  or  any  part  thereof  that  shall  not  have  at 
least  ten  pupils  enrolled  in  such  industrial  courses  each  semes- 
ter; and  provided  further,  that  the  same  rules  and  regulations 
as  to  examinations  shall  apply  as  in  the  case  of  the  normal- 
training  act. 


Ch.  23]  PATRIOTIC  INSTRUCTION.  133 


CHAPTER  XXIIL— PATRIOTIC  INSTRUCTION. 

§367.    Display  of  flag.  I    §369.    Duty    of    state    superintendent. 

368.    Rules  and  regulations.  |      370.    Patriotic    exercises. 

SECTION  367.  Display  of  Flag.  [7748.]  It  shall  be  the  duty 
of  the  school  authorities  of  every  public  school  in  the  several 
cities,  towns,  villages  and  school  districts  of  this  state  to  pur- 
chase a  suitable  United  States  flag,  flagstaff,  and  the  necesary 
appliances  therefor,  and  to  display  such  flag  upon,  near  or  in 
the  public-school  building  during  school  hours  and  at  such 
other  times  as  such  school  authorities  may  direct.  (Laws 
1907,  ch.  319,  sec.  1.) 

SE.C.  368.  Rules  and  Regulations.  [7749.]  The  said  school 
authorities  shall  establish  rules  and  regulations  for  the  proper* 
custody,  care  and  display  of  the  flag,  and,  when  the  weather 
will  not  permit  it  to  be  otherwise  displayed,  it  shall  be  placed 
conspicuously  in  the  principal  room  of  the  schoolhouse.  (Laws 
1907,  ch.  319,  sec.  2.) 

SEC.  369.  Duty  of  State  Superintendent.  [7750.]  It  shall 
be  the  duty  of  the  state  superintendent  of  public  instruction 
of  this  state  to  prepare  for  the  use  of  the  public  schools  of  the 
state  a  program  providing  for  a  salute  to  the  flag  at  the  open- 
ing of  each  day  of  school,  and  such  other  patriotic  exercises  as 
may  be  deemed  by  him  to  be  expedient,  under  such  regulations 
and  instructions  as  may  best  meet  the  varied  requirements  of 
the  different  grades  in  such  schools.  It  shall  also  be  his  duty  to 
make  special  provision  for  the  observance  of  [in]  such  public 
schools  of  Lincoln's  birthday,  Washington's  birthday,  Me- 
morial day  (May  30),  and  Flag  day  (June  14),  and  such  other 
legal  holidays  of  like  character  as  may  be  hereafter  designated 
by  law.  (Laws  1907,  ch.  319,  sec.  3.) 

SEC.  370.  Patriotic  Exercises.  [7751.]  The  state  superin- 
tendent of  public  instruction  is  hereby  authorized  and-  di- 
rected to  procure  and  provide  the  necessary  and  appropriate 
instructions  for  developing  and  encouraging  such  patriotic  ex- 
ercises in  the  public  schools,  and  the  state  printer  is  hereby 
authorized  and  directed  to  do  such  printing  and  binding  as 
may  become  necessary  for  the  efficient  and  faithful  carrying 
out  of  the  purposes  of  this  act.  (Laws  1907,  ch.  319,  sec.  4.) 


134 


PUBLIC   SCHOOLS   IN   CITIES. 


[Ch.  24 


CHAPTER  XXIV.— PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FIRST 
AND  SECOND  CLASS. 


§371.  Board    of    education. 

372.  Election   in   1911   and   1913. 

373.  Vacancies. 

374.  Text-books. 

375.  Nomination    and    election. 


§376.  Organization   of  board. 

377.  Vacancy. 

378.  Clerk. 

379.  Superintendent. 

380.  Examining    committee ;    teachers. 


SECTION  371.  Board  of  Education.  [Laws  1911,  ch.  267, 
sec.  1.]  That  in  each  city  of  the  first  and  second  class,  except 
those  cities  having  a  population  of  more  than  50,000  and  less 
than  75,000  by  the  United  States  census  of  1910,  there  shall  be 
a  board  of  education,  which  shall  constitute  a  body  corporate 
and  politic,  possessing  the  usual  powers  of  public  corporations, 
•consisting  of  six  members,  to  be  nominated  and  elected  by  the 
qualified  voters  of  the  city  at  large,  three  of  whom  shall  be 
elected  at  the  general  city  election  held  in  April  of  each  odd- 
numbered  year,  and  shall  hold  their  office  for  the  term  of  four 
years  and  until  their  successors  are  duly  elected  and  qualified, 
and  said  term  of  office  shall  begin  on  the  first  Monday  in 
August  succeeding  their  election;  provided,  that  no  member 
of  the  board  of  education  shall  be  a  city  commissioner  or  mem- 
ber of  the  city  council,  and  no  city  commissioner  or  member  of 
the  city  council  shall  be  a  member  of  the  board  of  education. 
The  territory  attached  to  cities  of  the  first  and  second  class 
shall  constitute  a  part  of  such  cities  for  the  purposes  of  this  act. 

SEC.  372.  Election  in  1911  and  1913.  [Laws  1911,  ch.  267, 
sec.  2.]  That  in  cities  of  the  first  and  second  class,  as  pro- 
vided in  this  act,  in  which  at  the  time  of  the  passage  of  this  act 
the  board  of  education  consists  of  six  members,  there  shall  be 
elected  at  the  general  city  election  in  1911  three  members, 
who  shall  hold  their  office  for  a  term  of  four  years  from  the 
first  Monday  in  August,  1911,  and  at  the  general  election  in 
1913  there  shall  be  elected  three  additional  members,  who  shall 
hold  their  office  for  a  term  of  four  years  from  the  first  Mon- 
day in  August,  1913,  and  thereafter  at  the  general  election  in 
each  odd-numbered  year  there  shall  be  elected  three  members 
for  a  term  of  four  years;  provided,  that  those  members  of 
the  board  of  education  at  the  time'  of  the  passage  of  this  act 
whose  term  of  office  expires  the  first  Monday  in  May,  1911, 
shall  continue  to  serve  as  members  of  the  board  of  education 
until  the  first  Monday  in  August,  1911,  and  those  members  of 
the  board  of  education  whose  term  of  office  does  not  expire  on 
or  before  the  first  Monday  in  August,  1911,  shall  serve  in  con- 
nection with  the  board  of  education  until  the  expiration  of  the 
term  for  which  they  were  elected;  provided,  that  the  mem- 
bers whose  term  of  office  expires  the  first  Monday  in  May  or 


Ch.  24)  PUBLIC   SCHOOLS   IN   CITIES.  135 

in  August,  1912,  shall  continue  to  serve  in  connection  with  the 
other  members  until  the  first  Monday  in  August,  1913.  There- 
after the  board  of  education  shall  consist  of  six  members, 
elected  as  provided  in  section  1  of  this  act;  provided  further, 
that  in  cities  of  the  first  and  second  class,  in  which  at  the  time 
of  the  passage  of  this  act  the  board  of  education  consists  of 
twelve  members,  there  shall  be  elected  at  the  general  city  elec- 
tion in  the  year  1911  a  full  board  of  six  members,  who  shall 
be  divided  into  two  classes  of  three  each.  Of  the  six  members 
elected  the  three  receiving  the  highest  number  of  votes  cast 
shall  serve  for  four  years,  the  three  receiving  the  next  highest 
number  of  votes  cast  shall  serve  for  a  period  of  two  years,  and 
thereafter  three  members  shall  be  elected  for  a  term  of  four 
years  in  each  odd-numbered  year ;  provided,  that  those  members 
of  the  board  of  education  at  the  time  of  the  passage  of  this  act 
whose  term  of  office  expires  the  first  Monday  in  May,  1911, 
shall  continue  to  serve  as  members  of  the  board  of  education 
until  August,  1911,  and  those  members  whose  term  of  office 
does  not  expire  on  or  before  the  first  Monday  in  August,  1911, 
shall  serve  in  connection  with  the  board  of  education  for  the 
year  ending  on  the  first  Monday  in  August,  1912,  after  which 
the  board  shall  consist  of  six  members,  elected  as  provided  in 
section  1  of  this  act;  provided  further,  that  in  cities  of  the 
first  and  second  class,  in  which  at  the  time  of  the  passage  of 
this  act  the  board  of  education  consists  of  ten  members,  there 
shall  be  elected  at  the  general  election  in  1911  three  mem- 
bers, who  shall  hold  their  office  for  a  term  of  four  years  from 
the  first  Monday  in  August,  1911,  and  at  the  general  election  in 
1913  there  shall  be  elected  three  additional  members,  whose 
term  of  office  shall  be  four  years  from  the  first  Monday  in 
August,  1913,  and  thereafter  there  shall  be  elected  three  mem- 
bers of  the  board  of  education  for  a  term  of  four  years  at  the 
general  election  each  odd-numbered  year;  provided,  that  the 
members  whose  term  of  office  expires  on  the  first  Monday  of 
May,  1911,  shall  serve  as  members  of  the  board  until  the  first 
Monday  of  August,  1911,  and  those  members  whose  term  of 
office  expires  on  the  first  Monday  of  May  or  August,  1912, 
shall  continue  to  serve  in  connection  with  the  three  members 
elected  as  hereinbefore  provided  until  the  first  Monday  in 
August,  1913.  Thereafter  the  board  of  education  shall  consist 
of  six  members,  elected  as  provided  in  section  1  of  this  act; 
provided  further,  that  in  cities  of  the  first  and  second  class, 
in  which  at  the  time  of  the  passage  of  this  act  the  board  of 
education  consists  of  eight  members,  there  shall  be  elected  at 
the  general  election  in  1911  three  members,  who  shall  hold 
their  office  for  a  term  of  four  years  from  the  first  Monday  in 
August,  1911,  and  at  the  general  election  in  1913  there  shall 
be  elected  three  additional  members  who  shall  hold  their  office 
for  a  term  of  four  years  from  the  first  Monday  in  August, 


136  PUBLIC  SCHOOLS  IN   CITIES.  [Ch.  24 

1913,  and  thereafter  there  shall  be  elected  three  members  for 
a  term  of  four  years  at  the  general  election  each  odd-numbered 
year ;  provided,  that  the  members  whose  term  of  office  expires 
the  first  Monday  in  May,  1911,  shall  continue  to  serve  as  mem- 
bers of  the  board  of  education  until  the  first  Monday  in  Au- 
gust, 1911,  and  those  members  whose  term  of  office  expires 
the  first  Monday  in  May  or  August,  1912,  shall  continue  to 
serve  in  connection  with  the  three  members  elected  as  herein 
provided  until  the  first  Monday  in  August,  1913,  and  there- 
after the  board  of  education  shall  consist  of  six  members, 
elected  as  provided  in  section  1  of  this  act. 

SEC.  373.  Vacancies.  [Laws  1911,  ch.  267,  sec.  3.]  That 
the  board  of  education  shall  have  power  to  fill  any  vacancy 
which  may  occur  in  their  body;  provided,  that  any  vacancy 
occurring  more  than  ten  days  previous  to  the  date  provided 
by  law  for  the  filing  of  primary  nomination  papers,  and  leav- 
ing an  unexpired  term  of  one  or  more  years,  shall  be  filled 
at  the  first  city  election  thereafter,  and  the  ballots  and  returns 
of  election  shall  be  designated  as  follows:  "To  fill  the  unex- 
pired term  of years." 

SEC.  374.  Text-books.  [Laws  1911,  ch.  267,  sec.  4.]  That 
the  board  of  education  shall  not  authorize  or  permit  any 
teacher  or  other  employee  to  exclude  as  a  basic  text-book  any 
text-book  or  other  adoption  now  or  hereafter  adopted  under 
authority  of  the  General  Statutes  of  this  state,  and  any  vio- 
lation of  this  act  shall  render  the  violator  liable  to  the  same 
penalties  as  prescribed  in  chapter  179,  Laws  of  1897. 

SEC.  375.  Nomination  and  Election.  [Laws  1911,  ch.  267, 
sec.  5.]  That  in  all  cities  of  the  first  and  second  class  which 
have  heretofore  adopted  or  shall  hereafter  adopt  the  provi- 
sions of  the  General  Statutes  of  the  year  1909  authorizing  the 
government  of  such  cities  by  boards  of  commissioners,  candi- 
dates for  nomination  at  the  primary  and  for  election  as  mem- 
bers of  the  board  of  education  shall  be  nominated  and  elected 
in  the  same  manner  as  nearly  as  practicable  as  are  the  mayor 
and  commissioners  in  such  cities,  and  may  be  recalled  in  like 
manner.  The  number  of  members  to  be  elected  at  each  gen- 
eral city  election  shall  be  certified  to  the  city  clerk  by  the  presi- 
dent or  clerk  of  the  board  of  education  at  least  ten  days 
previous  to  the  date  provided  by  law  as  the  last  day  for  filing 
primary  nomination  papers.  The  names  of  all  candidates  shall 
appear  in  alphabetical  order  on  the  official  city  primary  ballot, 
in  a  separate  column,  under  the  heading  "Candidates  for  nom- 
ination for  members  of  the  board  of  education  of city 

at  the  primary  election,"  and  above  the  names  the  words  "Vote 
for  -  — ,"  filling  in  the  blank  with  the  figure  equalling  the 
number  of  members  of  the  board  of  education  to  be  chosen  at 
the  regular  election.  The  names  of  double  the  number  of 
members  of  the  board  to  be  elected  receiving  the  highest  num- 


Ch.  24]  PUBLIC   SCHOOLS   IN   CITIES.  137 

ber  of  votes  at  the  primary  election  shall  be  placed  upon  the 
ballot  as  candidates  for  members  of  the  board  of  education 
at  the  next  succeeding  general  city  election.  The  persons 
receiving  the  highest  number  of  votes  at  such  regular  city 
election  shall  be  declared  elected,  and  each  shall  receive  a  cer- 
tificate signed  by  the  mayor  and  city  clerk,  under  the  seal  of 
the  city.  Each  person  elected  shall  qualify  within  ten  days 
after  his  election  by  filing  an  oath  of  office  with  the  city  clerk, 
but  he  shall  not  take  office  until  the  first  Monday  in  August 
succeeding  his  election.  The  city  clerk  shall  within  thirty  days 
after  the  canvass  of  the  votes  certify  to  the  board  of  education 
the  names  of  the  candidates  elected  as  members  of  such 
board.  Any  petition  for  nomination  for  member  of  the  board 
of  education  filed  prior  to  the  date  on  which  this  act  goes  into 
effect,  and  complying  with  the  law  in  effect  at  the  time  of 
filing  said  petition,  is  hereby  declared  to  be  legal. 

SEC.  376.  Organization  of  Board.  [Laws  1911,  ch.  269,  sec. 
1.]  That  the  board  of  education  in  cities  of  the  first  and  second 
class,  at  its  regular  meeting  on  the  first  Monday  in  August 
each  year,  shall  organize  by  the  election  of  a  president  and 
vice  president  from  its  members,  each  of  whom  shall  serve 
for  one  year,  and  until  his  successor  is  elected  and  qualified; 
and  the  board  shall  elect  a  clerk  for  a  term  of  one  year,  who 
shall  not  be  a  member  of  said  board,  and  shall  receive  for  his 
services  such  compensation  as  the  board  may  allow. 

SEC.  377.  Vacancy.  [Laws  1911,  ch.  269,  sec.  2.]  That  the 
board  of  education  in  cities  of  the  first  and  second  class  shall 
have  the  right,  at  any  regular  or  special  meeting,  to  hold  an 
election  to  fill  any  vacancy  which  may  occur  among  the  officers 
of  the  board,  or  any  of  its  employees ;  and  the  board  may  re- 
move any  of  its  employees  for  incompetence,  negligence,  or 
immorality,  after  notice  and  a  fair  hearing  of  the  person  so 
charged.  The  fiscal  year  of  the  board  shall  close  on  the  last 
day  of  June,  and  the  annual  reports  of  the  president,  clerk, 
superintendent  and  of  the  several  committees  shall  be  presented 
to  the  board  on  or  before  the  first  Monday  in  August  of  each 
year. 

SEC.  378.  Clerk.  [Laws  1911,  ch.  269,  sec.  3.]  That  it 
shall  be  the  duty  of  the  clerk  to  be  present  at  all  meetings  of 
the  board,  to  keep  an  accurate  journal  of  its  proceedings,  and 
to  have  the  care  and  custody  of  the  records,  books  and  docu- 
ments of  the  board,  to  countersign  all  warrants  drawn  upon 
the  treasurer  by  order  of  the  board,  to  keep  an  accurate  ac- 
count of  all  moneys  paid  to  the  treasurer  on  account  of  said 
board  and  all  moneys  paid  or  orders  drawn  on  the  treasurer  by 
order  of  said  board,  and  to  prepare  and  publish  an  annual  re- 
port showing  (1)  the  moneys  received  by  the  treasurer  since 
the  last  report,  and  from  what  source  received ;  (2)  the  amount 
of  sinking  fund,  and  how  invested;  (3)  the  moneys  paid  out, 


138  PUBLIC   SCHOOLS   IN   CITIES.  [Ch.  24 

and  for  what;  (4)  the  balance  of  general  fund  in  the  hands 
of  the  treasurer;  (5)  and  the  number,  date  and  amount  of  any 
bond  issued  by  said  board  and  of  all  bonds  purchased  for  the 
sinking-fund ;  and  the  clerk  shall  perform  such  other  duties  as 
the  board  or  its  committees  shall  require. 

SEC.  379.  Superintendent.  [Laws  1911,  ch.  269,  sec.  4.] 
That  the  board  of  education  in  cities  of  the  first  and  second 
class,  at  such  times  as  they  may  deem  expedient,  shall  elect  ^ a 
superintendent  of  schools,  who  shall  not  be  a  member  of  said 
board,  for  a  term  of  one  or  two  years,  as  the  board  may  choose, 
and  whose  term  shall  begin  on  the  first  Monday  in  August. 
The  superintendent  shall  have  charge  and  control  of  the  public 
schools  of  the  city,  subject  to  the  orders,  rules  and  regulations 
and  by-laws  of  the  board,  and  shall  receive  for  his  services 
such  compensation  as  the  board  may  allow.  Such  superintend- 
ent shall  be  the  holder  of  a  state  certificate  valid  for  at  least 
three  years,  or  be  a  graduate  of  an  accredited  normal  school, 
college  or  university;  provided,  that  the  qualifications  herein 
specified  shall  not  apply  to  any  person  holding  the  position  of 
superintendent  of  schools  in  any  city  of  the  first  or  second 
class  at  the  date  when  this  act  shall  take  effect. 

SEC.  380.  Examining  Committee;  Teachers.  [Laws  1911, 
ch.  269,  sec.  5.]  That  the  board  of  education  in  cities  of  the 
first  and  second  class,  at  such  times  as  they  may  deem  ex- 
pedient, shall  appoint  two  competent  persons  who,  with  the 
superintendent  as  chairman  thereof,  shall  be  styled  the  examin- 
ing committee  of  the  Aboard  of  education,  whose  duty  it  shall 
be  to  examine  all  persons  who  shall  apply  to  them  as  teach- 
ers ;149  and  no  person  except  one  who  holds  a  diploma  or  a  cer- 
tificate from  the  State  Board  of  Education  or  a  diploma  from 
the  State  Normal  School  shall  be  elected  by  the  board  as  a 
teacher,  unless  such  person  is  the  holder  of  a  certificate  from 
the  examining  committee,  signed  by  all  or  a  majority  of  them, 
and  setting  forth  that  such  person  is  competent  to  teach  in 
such  department  of  the  public  schools  as  may  be  stated  in  the 
certificate  and  is  a  person  of  good  moral  character. 

149.  Qualifications  of  Teachers  in  Cities  of  the  First  and  Second  Class. 
The  school  law  authorizes  the  board  of  education  in  a  city  of  the  first  or 
second  class  to  examine  teachers  as  to  their  qualification  to  teach  in  any 
given  department  of  the  public  schools  of  such  city.  Said  board  of  edu- 
cation has  power  to  determine  the  kind  and  grade  of  the  certificates  and 
for  how  long  valid.  Certificates  of  this  class  of  cities  are  a  distinct  class, 
and  are  valid  in  the  city  of  issue  only.  Cities  of  the  second  class  must 
recognize  certificates  and  diplomas  issued  by  the  State  Board  of  Educa- 
tion and  diplomas  from  the  State  Normal  School. 


Ch.  25] 


PUBLIC   SCHOOLS   IN   CITIES. 


139 


CHAPTER  XXV.— PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FIRST, 
SECOND  AND  THIRD  CLASS. 


§381.    Right  of  eminent  domain. 

382.  Commissioners  to  appraise  and  con- 

demn   property. 

383.  Notice;  report. 

384.  Title  to  land ;  appeal. 


|385.    Costs. 

386.  County  high    schools. 

387.  Depositories  for  funds,  cities  of 

ond  and  third  class. 


SECTION  381.  Right  of  Eminent  Domain.  [7859.]  That  the 
right  of  eminent  domain  be  and  the  same  is  hereby  conferred 
upon  the  boards  of  education  of  all  cities  of  the  first  and  sec- 
ond class,  all  such  boards  having  always  been  distinct  bodies 
corporate,  possessing  the  usual  powers  of  bodies  of  [or]  cor- 
porations for  public  purposes,  and  any  school  district  in  which 
is  located  a  city  of  the  third  class.  (Laws  1909,  ch.  86,  sec.  1.) 

SEC.  382.  Commissioners  to  Appraise  and  Condemn  Prop- 
erty. [7860.]  Whenever  it  shall  be  deemed  necessary  by  the 
board  of  education  of  any  city  of  the  first  or  second  class  or 
any  school  district  in  which  is  located  a  city  of  the  third  class 
to  appropriate  any  private  property  for  its  use  for  sites  for 
school  buildings,  playgrounds,  or  any  addition  or  extension  to 
any  school  building  site  or  playground  already  selected,  the 
board  of  education  of  such  city  or  such  school  board  shall 
cause  a  survey,  description  and  plat  of  the  land  so  required  to 
be,  made  and  filed  with  its  clerk,  and  thereupon  shall  make  an 
order  declaring  that  the  appropriation  of  such  land  is  necessary 
and  setting  forth  for  what  purposes  the  same  is  to  be  used. 
Upon  the  written  application  of  the  board  of  education  of 
said  city  or  school  board  of  any  school  district  in  which  is 
located  a  city  of  the  third  class,  or  a  majority  of  the  board,  it 
shall  be  the  duty  of  the  judge  of  the  district  court  of  the 
county  in  which  such  land  is  situated  to  appoint  three  disin- 
terested freeholders  of  such  county  as  commissioners  to  con- 
demn and  appraise  such  lands,  which  appointment  shall  be 
in  writing  and  certified  to  said  board  of  education  or  school 
board,  and  said  board  shall  without  delay  cause  such  appli- 
cation and  certificate  of  the  appointment  to  be  recorded  in  the 
office  of  the  register  of  deeds  of  such  county ;  and  in  case  any 
person  so  appointed  refuses  or  fails  to  serve  as  such  com- 
missioner for  any  reason,  the  said  district  judge,  upon  the 
application  of  such  board,  shall  appoint  some  other  person 
having  the  proper  qualifications  to  fill  such  vacancy.  Such 
commissioners  shall  be  sworn  honestly  and  faithfully  to  per- 
form their  duties;  and  such  commissioners  shall  proceed  im- 
mediately after  their  appointment  to  condemn  and  appraise 
the  value  of  the  lands  so  selected/  (Laws  1909,  ch.  86,  sec.  2.) 

SEC.  383.  Notice;  Report.  [7861.]  Such  commissioners 
shall  give  at  least  thirty  days'  notice  of  the  time  and  place 


140  PUBLIC  SCHOOLS   IN   CITIES.  [Ch.  25 

when  and  where  the  damage  will  be  assessed,  by  publication 
for  three  consecutive  weeks  in  some  newspaper  of  general  cir- 
culation published  in  such  county  that  on  the  time  fixed  by 
such  notice  they  will  upon  actual  view  appraise  the  value  of 
the  lands  taken  and  assess  any  other  damages  to  the  owners 
thereof.  Such  notice  shall  describe  the  property  taken  and 
the  name  or  names  of  the  owner  if  known.  The  said  com- 
missioners may  adjourn  as  often  and  for  such  length  of  time 
as  may  be  deemed  convenient,  and  may  during  any  adjourn- 
ment perfect  and  correct  all  errors  or  omissions  in  the  giving 
of  notice  by  making  new  publication,  citing  corporations  or 
individual  property  owners  who  have  not  been  notified,  or 
if  defective  or  insufficient  notice  has  been  given,  a  notice  of 
any  adjourned  meeting  shall  be  as  effective  as  notice  of  the 
first  meeting  of  the  commissioners,  and  the  commissioners 
shall,  upon  completing  their  duties,  make  and  sign  a  report 
describing  the  land  so  condemned,  the  purpose  for  which  it 
was  condemned,  and  the  appraised  value  thereof,  which  re- 
port shall  be  by  them  filed  in  the  office  of  the  city  clerk  of  the 
city  or  clerk  of  said  school  district  in  which  such  land  is  lo- 
cated. And  such  city  clerk  or  clerk  of  said  school  district 
shall  immediately  cause  a  certified  copy  of  such  report  to  be 
filed  in  the  office  of  the  register  of  deeds  of  the  county  in 
which  such  land  is  situated,  and  by  such  register  duly 
recorded  as  other  instruments  of  writing  affecting  the  titles  to 
real  estate.  (Laws  1909,  ch.  86,  sec.  3.) 

SEC.  384.  Title  to  Land;  Appeal  [7862.]  Such  city 
clerk  or  clerk  of  such  school  district  shall  immediately 
cause  a  certified  copy  of  such  report  to  be  filed  with  the 
clerk  of  such  board  of  education  or  clerk  of  said  school 
district.  I!f  within  thirty  days  after  such  report  is  filed 
In  the  office  of  the  city  clerk  or  clerk  of  said  school  district 
the  board  of  education  or  said  school  board  shall  pay  to  the 
•county  treasurer  for  the  use  of  the  owner  of  such  land  the 
amount  of  the  appraised  value  thereof,  the  title  to  such  land 
so  condemned  and  appropriated  shall  immediatelv  vest  in 
such  board  of  education  of  said  school  district,  which  shall 
have  the  right  forthwith  to  take  possession  of,  occupy,  use 
and  improve  the  same.  Either  party,  the  owner  of  the  land  or 
the  board  of  education  of  said  school  district,  may  appeal  from 
such  appraisement  to  the  district  court  in  the  same  time  and 
manner  that  appeals  are  taken  from  the  judgments  of  justices 
of  the  peace  in  civil  actions,  except  as  provided  in  the  follow- 
ing paragraph :  The  appeal  bond  shall  be  filed  with  and  ap- 
proved by  the  clerk  of  the  district  court  in  which  said  land  so 
condemned  and  appropriated  is  situated,  and  such  clerk  or 
clerk  of  said  district  shall  immediately  make  a  transcript  of 
the  report  of  such  commissioners  and  such  bond  and  file  the 
same  with  the  clerk  of  the  district  court  of  the  county  in  which 
said  lands  are  located.  (Laws  1909,  ch.  86,  sec.  4.) 


Ch.  25]  PUBLIC   SCHOOLS  IN   CITIES.  141 

SEC.  385.  Costs.  [7.863.]  That  all  costs  and  expenses  of 
such  condemnation  proceedings  shall  be  paid  by  such  board  of 
education  or  such  school  board  out  of  its  school  fund.  (Laws 
1909,  ch.  86,  sec.  5.) 

SEC.  386.  County  High  Schools.  [7864.]  The  provisions 
of  this  act  shall  also  apply  to  and  include  boards  of  trustees 
of  county  high  schools  now  or  hereafter  organized  in  the  state 
of  Kansas.  (Laws  1909,  ch.  86,  sec.  6.) 

SEC.  387.  Depositories  for  Funds,  Cities  of  Second  and  Third 
Class.  [851.]  That  in  all  cities  of  the  second  and  third  classes 
the  city  treasurer,  and  also  the  treasurer  of  the  board  of 
education  of  cities  of  the  second  class,  and  the  treasurer  of 
the  school  board  of  any  district  in  which  there  is  a  city  of  the 
third  class,  shall  deposit  all  public  moneys  coming  into  their 
hands  in  their  official  capacity  in  some  responsible  bank  or 
banks  within  said  city,  the  same  to  be  designated  by  the  mayor 
and  councilmen  of  such  cities,  and  in  the  case  of  .such  school 
funds  said  depositories  to  be  designated  by  the  board  of  edu- 
cation or  school  board,  as  the  case  may  be,  in  such  city.  Such 
deposit  shall  be  made  in  the  name  of  such  treasurer,  as  such 
officer,  and  such  banks  shall  pay  such  interest  on  average  daily 
balances  as  may  be  agreed  upon,  figured  on  even  hundreds 
of  dollars ;  provided,  that  in  no  case  shall  the  rate  of  interest  be 
less  than  two  per  centum  per  annum  on  such  average  daily 
balances;  and  provided  further,  that  where  more  than  one 
bank  is  designated  as  depository  for  any  fund,  such  fund  shall 
be  equally  divided  by  the  treasurer  of  such  fund  among  such 
banks.  Before  making  such  deposits  the  mayor  and  council- 
men,  the  board  of  education  or  school  board,  as  the  case  may 
be,  shall  take  from  such  bank  or  banks  a  good  and  sufficient 
bond,  payable  to  such  city,  board  of  education,  or  school  board, 
as  the  case  may  be,  the  same  to  be  approved  by  such  mayor  and 
councilmen,  or  board  of  education,  or  school  board,  as  the  case 
may  be,  in  a  sum  double  the  largest  approximate  amount  that 
may  be  on  deposit  at  any  one  time,  or  the  bond  of  some  surety 
company  empowered  to  do  business  in  the  state  of  Kansas  in  a 
sum  aggregating  the  largest  approximate  sum  that  may  be  on 
deposit  at  any  one  time,  conditioned  that  such  deposit  shall  be 
promptly  paid  on  the  check  or  draft  of  the  treasurer  of  such 
city,  board  of  education  or  school  board,  and  the  bondsmen  of 
such  treasurer  shall  not  be  liable  for  money  so  deposited ;  but 
in  no  case  shall  more  than  one-half  of  the  amount  of  said 
depository  bond  be  subscribed  by  the  officers  of  said  bank,  and 
such  bank  or  banks  shall  on  the  first  day  of  each  month  file 
with  the  clerk  of  such  city,  board  of  education  or  school  board, 
as  the  case  may  be,  a  statement  of  the  amount  of  money  on 
hand  at  the  close  of  business  each  day  during  the  previous 
month  and  the  amount  of  interest  accrued  thereon  to  said 
date.  (Laws  1909,  ch.  89,  sec.  1.) 


142 


PUBLIC   SCHOOLS — CITIES   OF  FIRST   CLASS.         [Ch.  26 


CHAPTER  XXVI. — PUBLIC  SCHOOLS  IN  CITIES  OF  THE 
FIRST  CLASS. 


§407.    City    school    property    exempt    from 
taxation. 

408.  For    what    purpose    the    board    may 

issue  bonds. 

409.  Bond   election ;   limitation. 

410.  Date,   rate,  maturity,   and  attest. 

411.  Annual  levy  for  interest  and  sinking- 

fund. 

412.  Sinking-fund,     how     used     and     em- 

ployed. 

413.  Interest  to  be  paid,  when. 

414.  Payment    of    interest    and    principal, 

how    secured. 

415.  The  clerk  shall  register  bonds  issued 

by   the   board. 

416.  Refunding  outstanding  bonded  debt. 

417.  Registration    of    funding    bonds. 

418.  Annual   levy   of   tax   to   pay    interest 

and  principal  of  funding  bonds. 

419.  Penalty    for    neglecting    or    refusing 

to    levy    bond    tax. 

420.  Use    of    money    levied    and    collected 

under  this  act. 

421.  Elections  under  commission  system. 


§388.    Cities  of  the  first  class  defined. 

389.  Attachment   of   adjacent   territory. 

390.  Powers    and    duties    of    board    of    ed- 

ucation. 

391.  Duty  of  president. 

392.  Duty    of    vice-president. 

393.  Clerk    shall    execute    bond ;    oath    of 

office. 

394.  Treasurer,    duty   of. 

395.  Board   not  to   receive   pay. 

396.  Vacancy  in  committee,   how  filled. 

397.  Annual  levy  of  taxes. 

398.  All    school    taxes    shall   be    paid    in 

money. 

399.  Limitation    of    levy. 

400.  The  whole  city  shall  compose   a   school 

district. 

401.  All    city     school    property    shall     be 

vested  in  the  board. 
4u2.    Sale  or  conveyance  of  school    property. 

403.  Meetings  of  the  board,  when  held. 

404.  Annual  report  of  the  board  shall  be 

published,   when   and  how. 

405.  Restrictions    regarding    expenditures. 

406.  No  sectarian  doctrine  shall  be  taught 

in  the  city  schools. 

SECTION  388.  Defined.  [7554.]  All  cities  of  more  than 
15,000  inhabitants  shall  be  governed  by  the  provisions  of  this 
act.  (Laws  1876,  ch.  122,  art.  10,  sec.  1.) 

SEC.  389.  Attachment  of  Adjacent  Territory.  [Laws  1911, 
ch.  93,  sec.  1.]  Territory  outside  the  city  limits  of  any  city  of 
the  first  class,  but  adjacent  thereto,  may  be  attached  to  such 
city  for  school  purposes,  upon  the  application  being  made  to 
the  board  of  education  of  such  city  by  a  majority  of  the  electors 
of  such  adjacent  territory;  and  upon  the  application  being 
made  to  the  board  of  education  they  shall,  if  they  deem  it 
proper  and  to  the  best  interests  of  the  school  of  said  city  and 
territory  seeking  to  be  attached,  issue  an  order  attaching  such 
territory  to  such  city  for  school  purposes  and  to  enter  the 
same  upon  their  journal,  and  such  territory  shall  from  the 
date  of  such  order  be  and  compose  a  part  of  such  city  for 
school  purposes  only,  and  the  taxable  property  of  such  adjacent 
territory  shall  be  subject  to  taxation  and  bear  its  full  propor- 
tion of  all  expenses  incurred  in  the  erection  of  school  buildings 
and  in  maintaining  the  schools  of  said  city.  Such  territory 
shall  be  attached  to  the  several  wards  of  such  city  contiguous 
thereto  as  shall  be  determined  by  the  board  of  education  of 
any  such  city,  and  when  so  attached  shall  remain  parts  of  such 
for  school  purposes  only.  Persons  residing  upon  such  at- 
tached territory  and  possessing  the  qualifications  of  electors 
under  the  laws  of  the  state  of  Kansas  shall  be  qualified  to  vote 
at  an  election  held  in  any  such  city  for  school  purposes  only 
in  any  such  ward  of  such  city  to  which  such  territory  shall 


Ch.  26]        PUBLIC   SCHOOLS — CITIES  OF  FIRST   CLASS.  143 

be  attached,  and  official  ballots  shall  be  printed  for  such  at- 
tached territory  to  such  wards  as  in  other  cases. 

NOTE. — See  sections  371-380  for  the  organization  and  election  of  boards 
of  education  in  cities  of  the  first  class. 

SEC.  390.  Powers  and  Duties  of  the  Board.  [7584.]  The 
board  of  education  shall  have  power  to  elect  their  own  officers, 
make  all  necessary  rules  for  the  government  of  the  schools  of 
such  city  under  its  charge  and  control  and  of  the  board,  sub- 
ject to  the  provisions  of  this  act  and  the  laws  of  this  state;  to 
organize  and  maintain  separate  schools  for  the  education  of 
white  and  colored  children,  including  the  high  schools  in  Kan- 
sas City,  Kan. ;  no  discrimination  on  account  of  color  shall  be 
made  in  high  schools,  except  as  provided  herein;  to  exercise 
the  sole  control  over  the  public  schools  and  school  property  of 
such  city;  and  shall  have  the  power  to  establish  a  high  school 
or  high  schools  in  connection  with  manual  training  and  in- 
struction or  otherwise,  and  to  maintain  the  same  as  a  part  of 
the  public-school  system  of  said  city.  (Laws  1905,  ch.  414, 
sec.  1.) 

SEC.  391.  President.  [7563.]  It  shall  be  the  duty  of  the 
president  to  preside  at  all  meetings  of  the  board  of  education, 
to  appoint  all  committees  whose  appointment  is  not  otherwise 
provided  for,  and  to  sign  all  warrants  ordered  by  the  board  of 
education  to  be  drawn  upon  the  city  treasurer  for  school 
moneys.  (Laws  1876,  ch.  122,  art.  10,  sec.  6.) 

SEC.  392.  Vice  President.  [7564.]  It  shall  be  the  duty  of 
the  vice  president  to  perform  all  the  duties  of  the  president,  in 
case  of  his  absence  or  disability.  (Laws  1876,  ch.  122,  art.  10, 
sec.  7.) 

SEC.  393.  Bond  of  Clerk.  [7566.]  Before  entering  upon 
the  discharge  of  his  duties,  the  clerk  of  the  board  of  education 
shall  give  bond  in  the  sum  of  $1000,  with  good  and  sufficient 
securities,  to  be  approved  by  the  board,  and  shall  take  and 
subscribe  an  oath  or  affirmation  before  a  proper  officer  that 
he  will  support  the  constitution  of  the  United  States,  the  con- 
stitution of  the  state  of  Kansas,  and  faithfully  perform  the 
duties  of  his  office.  (Laws  1876,  ch.  122,  art.  10,  sec.  9.) 

SEC.  394.  Treasurer.  [Laws  1911,  ch.  95,  sec.  1.]  That  sec- 
tion 7567  is  amended  to  read  as  follows :  Sec.  7567.  The  treas- 
urer of  the  city  shall  be  ex  officio  the  treasurer  of  the  board  of 
education,  and  shall  give  such  bond  to  the  board  of  education 
as  the  board  may  require,  said  bond  to  be  approved  by  the 
board  of  education  and  filed  with  its  clerk.  It  shall  be  the  duty 
of  the  treasurer  to  deposit  daily  all  money  belonging  to  the 
board  of  education  in  some  responsible  bank,  to  be  designated 
by  the  board  of  education,  in  the  name  of  such  treasurer  as 
such  officer,  which  bank  shall  pay  interest  on  monthly  average 
balances  as  may  be  agreed  upon  by  such  bank  and  the  board  of 
education;  and  before  making  such  deposits  the  board  of  edu- 


144  PUBLIC  SCHOOLS — CITIES   OF  FIRST  CLASS.        [Ch.  26 

cation  shall  take  from  such  bank  a  good  and  sufficient  bond  in 
a  sum  to  be  designated  by  the  board  of  education,  conditioned 
that  such  deposits  shall  be  promptly  paid  on  the  check  or  draft 
of  such  treasurer.  The  treasurer  shall  attend  all  of  the  meet- 
ings of  the  board  when  required  to  do  so;  shall  prepare  and 
submit  in  writing  a  monthly  report  of  the  finances  of  said 
board ;  and  shall  pay  school  monies  only  upon  a  warrant  signed 
by  the  president,  or  in  his  absence  by  the  vice  president,  and 
countersigned  by  the  clerk.  The  treasurer  shall  receive  from 
the  board  of  education  fifty  dollars  per  annum  for  his  services 
as  treasurer,  and  no  more;  provided,  that  boards  of  educa- 
tion in  cities  of  the  first  class  may,  if  they  deem  it  proper,  elect 
the  treasurer  of  the  board  of  education  to  serve  during  the 
pleasure  of  the  board  and  receive  such  salary  as  they  may  de- 
termine. 

SEC.  395.  No  Compensation.  [7568.]  No  member  of  the 
board  of  education  shall  receive  any  pay  or  emolument  for  his 
services.  (Laws  1876,  ch.  122,  art.  10,  sec.  11.) 

SEC.  396.  Vacancy.  [7550.]  The  board  of  education  shall 
have  power  to  fill  any  vacancy  which  may  occur  in  the  ex- 
amining committee.  (Laws  1876,  ch.  122,  art.  10,  sec.  13.) 

SEC.  397.  Annual  Levy  of  Taxes.  [7556.]  That  the  board 
of  education  in  cities  of  the  first  class  shall,  in  the  month  of 
August  of  each  year,  levy  a  tax  for  the  support  of  the  schools 
of  the  city,  including  building  and  repair  of  school  buildings, 
for  the  fiscal  year  commencing  on  the  1st  day  of  July  last  pre- 
ceding the  month  of  August  in  which  such  levy  shall  be  made, 
not  exceeding  in  any  one  year  twenty  mills150  on  the  dollar  on 
all  personal,  mixed  and  real  property  within  said  city  which 
is  taxable  according  to  the  laws  of  the  state  of  Kansas,  which 
levy  the  president  and  clerk  of  the  board  shall,  on  or  before 
August  25,  certify  to  the  county  clerk,  who  is  hereby  author- 
ized and  required  to  place  the  same  on  the  tax-roll  of  said 
county,  to  be  collected  by  the  treasurer  of  the  county  as  are 
other  taxes  and  paid  over  by  him  to  the  treasurer  of  the 
board  of  education,  subject  to  the  order  of  said  board  of  ed- 
ucation; provided,  that  in  all  cities  of  the  first  class  having  a 
population  of  exceeding  thirty-eight  thousand  inhabitants,  the 
board  of  education  of  such  city  shall  have  power  and  is  hereby 
authorized  to  levy  a  tax  for  the  support  of  the  schools  of  such 
city  for  such  fiscal  year  of  not  to  exceed  seventeen  mills150  on 
power,  in  addition  thereto,  to  levy  a  tax  upon  all  the  taxable 
the  dollar  of  all  taxable  property  in  such  city,151  and  shall  have 

150.  Changed  to  six  mills  for  cities  of  40,000  or  under.     For  cities 
having  a  population  of  over  40,000,  the  maximum  rate  is  five  mills  for 
the  support  of  schools  and  one  mill  for  building  purposes.     (Laws  1909, 
ch.  245,  sec.  22   (section  399  of  this  book). 

151.  See  section  298  of  this  book  for  provisions  for  manual  training 
in  cities  of  the  first  class. 


Ch.  26]        PUBLIC   SCHOOLS — CITIES   OF  FIRST   CLASS.  145 

property  in  such  city  of  not  exceeding  three  mills150  on  the 
dollar  of  the  assessed  valuation  for  building  purposes  and  re- 
pairs of  school  buildings  in  such  city;  and  provided  further, 
that  each  and  all  of  the  foregoing  levies  hereby  authorized 
shall  be  exclusive  of  and  in  addition  to  the  amounts  necessary 
to  be  levied  under  existing  laws  for  the  payment  of  interest 
upon  bonds  heretofore  issued  or  which  may  be  hereafter  is- 
sued by  boards  of  education  of  cities  of  the  first  class  and  for 
a  sinking-fund  for  the  redemption  of  such  bonds,  as  provided 
by  the  laws  under  which  such  bonds  have  been  or  may  be  is- 
sued. (Laws  1907,  ch.  330,  sec.  1.) 

SEC.  398.  Taxes.  [7571.]  All  taxes  collected  for  the  benefit 
of  the  public  schools  shall  be  paid  in  money,  and  shall  be  placed 
in  the  hands  of  the  city  treasurer,  subject  to  the  order  of  the 
board  of  education.  (Laws  1876,  ch.  122,  art.  10,  sec.  15.) 

SEC.  399.  Levy,  Limitations.  [9415.]  The  authority  of 
boards  of  education  in  cities  of  the  first  class  to  levy  taxes, 
as  provided  in  chapter  330,  Laws  of  1907,  is  hereby  limited 
so  that  the  board  of  education  of  any  such  city  shall  not  fix 
a  rate  of  levy  for  the  respective  purposes  in  excess  of  the  fol- 
lowing-named rates:  For  the  support  of  the  schools  of  the 
city,  including  building  and  repairs  of  school  buildings  in  all 
cities  of  40,000  population  or  under,  the  rate  of  levy  shall  not 
exceed  six  mills;  for  the  support  of  the  schools  in  all  cities 
having  a  population  of  over  40,000,  the  rate  of  levy  shall  not 
exceed  five  mills;  for  building  purposes  and  repairs  of  school 
buildings  in  all  cities  having  a  population  of  over  40,000,  the 
rate  of  levy  shall  not  exceed  one  mill.  (Laws  1909,  ch.  245, 
sec.  22.) 

SEC.  400.  District.  [7572.]  The  whole  city  shall  compose 
a  school  district  for  all  purposes  of  taxation,  but  may  be  sub- 
divided by  the  board  of  education  into  as  many  districts  as 
they  may  think  proper.  (Laws  1876,  ch.  122,  art.  10,  sec.  16.) 

SEC.  401.  Property.  [7573.]  The  title  of  all  property  held 
for  the  use  or  benefit  of  the  public  schools  shall  be  vested  in 
'the  board  of  education,  and  held  by  them  in  trust  f  or^  the 
city;  and  the  board  of  education  may  sue  in  its  own  name 
for  all  money  due  or  to  become  due  to  the  board  or  the  school 
fund,  and  for  any  trespass  upon,  injury  to  or  concession  o'f 
any  of  the  school  property  of  said  city,  for  the  benefit  of  the 
school  fund  of  such  city.  (Laws  1876,  ch.  122,  art.  10,  sec.  17.) 

SEC.  402.  Sale  of  Property.  [7574.]  No  school  property  of 
any  kind  shall  be  sold  or  conveyed  by  the  board  of  education ; 
except  at  a  regular  meeting  of  the  same,  and  not  then  with- 
out an  affirmative  recorded  vote  of  at  least  two-thirds  of  all 
the  members  of  said  board.  (Laws  1876,  ch.  122,  art.  10, 
sec.  18.) 

SEC.  403.  Meetings  of  the  Board.  [7575.]  The  regular 
meetings  of  the  board  of  education  shall  be  upon  the  first 


146  PUBLIC  SCHOOLS — CITIES   OF  FIRST  CLASS.        [Ch.  26 

Monday  in  each  month,  but  special  meetings  may  be  held  from 
time  to  time,  as  circumstances  may  demand.  (Laws  1876,  ch. 
122,  art.  10,  sec.  19.) 

SEC.  404.  Annual  Report.  [7576.]  The  board  of  education 
at  the  close  of  each  school  year,  or  as  soon  thereafter  as  prac- 
ticable, shall  make  an  annual  report  of  the  progress,  pros- 
perity, and  condition,  financial  as  well  as  educational,  of  all 
the  schools  under  their  charge ;  and  said  report,  or  such  por- 
tion of  it  as  the  board  of  education  shall  consider  of  ad- 
vantage to  the  public,  shall  be  printed  either  in  a  public 
newspaper  or  in  pamphlet  form.  (Laws  1876,  ch.  122,  art. 
10,  sec.  20.) 

SEC.  405.  Expenditures.  [7577.]  No  expenditure  involv- 
ing an  amount  greater  than  $200  shall  be  voted,  except  in 
accordance  with  the  provisions  of  a  written  contract.  (Laws 
1876,  ch.  122,  art.  10,  sec.  21.) 

SEC.  406.  Sectarian  Doctrine.  [7578.]  No  sectarian  or  re- 
ligious doctrine  shall  be  taught  or  inculcated  in  any  of  the 
public  schools  of  the  city;  but  nothing  in  this  section  shall 
iie  construed  to  prohibit  the  reading  of  the  Holy  Scriptures. 
(Laws  1876,  ch.  122,  art.  10,  sec.  22.) 

SEC.  407.  Exemptions.  [7579.]  All  property  held  by  the 
board  of  education  for  the  use  of  public  schools  shall  be  ex- 
empt from  taxation,  and  shall  not  be  taken  in  any  manner 
for  any  debt  due  from  the  city.  (Laws  1876,  ch.  122,  art.  10, 
sec.  23.) 

SEC.  408.  Bonds.  [7557.]  Whenever  it  shall  be  necessary 
to  raise  funds  to  purchase  a  school  site  or  sites,  to  furnish,  to 
i  epair,  to  make  additions,  or  to  build  a  school  building,  it  shall 
be  the  duty  of  the  board  to  prepare  an  estimate  of  the  costs  of 
such  site  or  sites,  repairs,  additions,  or  buildings,  together  with 
the  cost  of  furnishing  the  same,  with  estimates,  shall  be  spread 
upon  the  records  of  the  board,  when  adopted  by  a  recorded  yea- 
and-nay  vote  of  two-thirds  of  all  the  members  of  the  board  at  a 
regular  meeting;  and  in  every  case  the  board  shall  complete 
said  repairs,  additions,  or  buildings,  together  with  the  furnish- 
ing of  the  same  and  the  purchase  of  such  site  or  sites,  within 
the  estimated  costs  thereof;  and  in  no  case  shall  any  board 
create  a  deficiency  or  outstanding  obligations  in  the  purchase 
of  such  site  or  sites,  the  making  of  such  repairs,  or  the  erection 
of  additions  or  buildings.  And  every  member  of  a  school  board 
who  shall  be  a  party  to  creating  a  deficiency  or  outstanding 
obligations  within  the  meaning  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  on  conviction  be  punished 
by  removal  from  office  and  a  fine  of  not  less  than  $100,  and 
shall  be  personally  liable  for  damages  in  any  action,  which  it 
shall  be  the  duty  of  the  city  attorney  of  such  city  of  the  first 
class  to  prosecute,  brought  in  the  name  of  such  school  district, 
for  the  amount  of  such  deficiency  or  outstanding  obligations, 


Ch.  26]        PUBLIC   SCHOOLS — CITIES   OF  FIRST   CLASS.  147 

which  money  when  so  collected  shall  be  used  to  liquidate  such 
deficiency  or  outstanding  obligations;  provided,  that  any  va- 
cancy created  in  any  school  board  under  the  operation  of  this 
section  shall  be  filled  as  provided  in  section  2  of  this  act.152 
(Laws  1891,  ch.  196,  sec.  3.) 

SEC.  409.  Election;  Limitation.  [Laws  1911,  ch.  259,  sec.  1.] 
That  section  7558  of  the  General  Statutes  of  the  state  of  Kan- 
sas of  1909  is  hereby  amended  to  read  as  follows:  Sec.  7558. 
It  shall  be  the  duty  of  the  mayor  of  such  city  of  the  first  class, 
within  thirty  days  after  receiving  a  certified  copy  of  the  action 
of  the  board  of  education  showing  a  necessity  and  giving  a 
statement  of  the  estimated  cost  of  such  school  sites,  repairs, 
additions,  building  or  buildings,  signed  by  the  clerk  and  coun- 
tersigned by  the  president  of  the  board,  to  issue  a  proclamation 
for  holding  an  election  to  vote  bonds  to  the  amount  prayed  for 
by  the  board ;  and  no  bonds  shall  be  issued  unless  a  majority  of 
the  qualified  electors  of  the  city  school  district  voting  at  such 
election  shall  vote  therefor ;  nor  shall  the  entire  amount  of  such 
school  bonds  issued  exceed  in  the  aggregate,  including  existing 
indebtedness,  in  cities  having  a  population  of  20,000  and  over, 
one  per  cent  of  the  valuation  of  taxable  property  of  such  city 
as  ascertained  by  the  last  assessment  for  state  and  county  pur- 
poses previous  to  incurring  the  proposed  indebtedness;  in 
cities  having  a  population  of  20,000  and  under  whose  assessed 
valuation  does  not  exceed  $11,000,000,  two  per  cent  of  the  value 
of  the  taxable  property  of  such  city  as  ascertained  by  the  last 
assessment  for  state  and  county  purposes  previous  to  incurring 
the  proposed  indebtedness.  Any  member  of  a  board  of  educa- 
tion, or  officer  thereof,  who  shall  vote  for,  counsel,  consent  to  or 
in  any  wise  assist  in  the  issue  of  any  bond  or  bonds  in  excess 
of  the  percentum  herein  authorized  shall  be  liable  jointly  and 
severally  to  the  holder  of  any  such  bonds  for  the  amount  due 
thereon,  to  be  recovered  in  a  civil  action  in  any  court  of  com- 
petent jurisdiction;  and  judgment  rendered  thereon  may  be 
collected  and  enforced  in  the  same  manner  as  other  judgments 
are  collected  and  enforced ;  provided,  that  in  cities  of  the  first 
class  having  more  than  70,000  population  school  bonds  may  be 
issued  to  the  extent  of  not  more  than  one  and  five-tenths  per 
cent  of  such  value  of  taxable  property. 

SEC.  410.  Date,  Rate,  Time,  and  Attest.  [7559.]  The  bonds, 
the  issuance  of  which  is  provided  for  in  this  act,  may,  at  the 
option  of  the  board,  be  instalment  bonds.  All  bonds  shall  be 
dated  on  the  day  they  are  issued,  shall  bear  interest  at  a  rate 
not  exceeding  six  per  centum  per  annum,  payable  semiannu- 
ally  on  January  and  July  1,  and  shall  be  payable  in  not  more 
than  thirty  years.  They  shall  be  signed  by  the  president  and 
secretary,  attested  with  the  seal  of  the  board.  The  coupons,  if 
any  be  attached,  shall  be  signed  by  the  president  of  the  board, 

152.    Section  397  of  this  book. 


148  PUBLIC   SCHOOLS — CITIES   OF  FIRST  CLASS.        [Ch.  26 

and  each  bond  so  issued  shall  not  be  for  a  sum  less  than  fifty 
dollars.  (Laws  1891,  ch.  196,  sec.  5.) 

SEC.  411.  Levy  for  Interest  and  Sinking-fund.  [7560.]  The 
board  of  education  in  its  annual  estimate,  as  provided  for  in 
section  2  of  this  act,153  shall  include  an  amount  sufficient  to 
pay  the  interest  as  it  accrues  on  all  outstanding  bonds  issued 
by  the  board,  and  also  to  create  a  sinking-fund  for  the  re- 
demption of  said  bonds,  and  shall  levy  and  cause  the  same  to 
be  collected  as  provided  for  in  said  section,  in  addition  to  the 
levy  authorized  by  said  section  for  school  purposes ;  and  such 
money  shall  remain  a  specific  fund  for  said  purposes  only,  and 
shall  not  be  appropriated  to  any  other  purpose.  (Laws  1891, 
ch.  196,  sec.  6.) 

SEC.  412.  Use  of  Sinking-fund.  [7580.]  The  moneys  levied 
and  collected  for  creating  a  sinking-fund  for  the  redemption 
of  the  principal  of  the  bonds  issued  by  the  board  of  education 
shall  be  used  and  employed  or  invested  as  follows:  (1)  After 
retaining  an  amount  sufficient  to  pay  the  principal  of  any 
bonds  maturing  during  the  year,  the  board  shall,  with  the 
surplus  of  such  sinking-fund,  when  the  same  shall  be  $1000 
or  more,  purchase  any  of  the  outstanding  bonds  issued  by  the 
board.  Such  purchase  shall  be  made  at  the  lowest  price 
such  bonds  can  be  purchased  at,  but  at  not  more  than  par 
value  of  such  bonds;  and  whenever  there  shall  be  a  surplus 
of  such  sinking-fund  amounting  to  the  sum  of  $1000,  the 
board  shall  purchase  therewith  like  bonds,  on  the  same  terms 
and  conditions  hereinbefore  specified.  (2)  If  for  any  reason 
such  bonds  cannot  be  purchased  as  hereinbefore  specified, 
such  sinking-fund  shall  be  invested  by  the  treasurer,  under 
the  direction  of  the  board  of  education,  at  such  times  as  the 
board  shall  direct,  in  the  interest-bearing  bonds  of  the  United 
States  or  the  state  of  Kansas,  which  shall  be  purchased  at  the 
lowest  market  price.  Interest  accruing  upon  such  bonds  shall 
be  invested  in  the  same  manner  and  for  the  same  purpose  as 
sinking-fund.  Such  bonds  shall  be  held  by  the  treasurer  until 
the  principal  of  the  bonds  issued  by  the  board  of  education 
shall  become  due,  and  shall  then  be  sold  at  the  highest  market 
price,  and  the  proceeds  applied  to  the  payment  of  the  bonds; 
provided,  that  if  at  any  time  the  board  shall  deem  it  best,  it 
shall  be  lawful  for  such  board  to  sell  such  bonds  for  the  pur- 
pose of  purchasing  the  bonds  issued  by  such  board;  but  all 
such  sales  shall  be  at  the  highest  market  price,  and  the  bonds 
of  the  board  purchased  with  the  proceeds  of  such  sale  shall  be 
purchased  at  the  lowest  price  they  can  be  obtained  for,  and  not 
above  the  par  value  of  such  bonds ;  provided,  that  no  bond  is- 
sued by  the  board  of  education  shall  be  purchased  by  said 
board  that  has  not  been  outstanding  five  years;  and  provided 
further,  that  the  bonds  first  maturing  shall  be  first  purchased, 

153.    Section  408  of  this  book. 


Ch.  26]        PUBLIC   SCHOOLS — CITIES   OF  FIRST   CLASS.  149 

if  they  can  be  purchased  on  terms  as  favorable  to  the  board 
as  any  others  offered  for  sale  to  the  said  board.  All  bonds  of 
the  said  board  purchased  under  the  authority  hereby  given,  or 
paid  by  the  board,  shall  be  forthwith  canceled  and  destroyed, 
and  the  clerk  shall  enter  on  the  bond  register  of  the  said  board, 
on  the  margin  of  the  record  of  said  bonds,  the  date  when  the 
same  were  purchased  and  the  price  paid;  and  thereafter  no 
interest  or  sinking-fund  shall  be  levied  or  collected  for  or  on 
account  of  said  bonds  so  canceled.  Such  sinking-fund  shall 
never  be  used  nor  appropriated  in  any  other  manner  whatever. 
(Laws  1876,  ch.  122,  art.  10,  sec.  27.) 

SEC.  413.  Interest.  [7581.]  Whenever  the  interest  of  the 
above-mentioned  bonds  shall  become  due,  the  same  shall  be 
paid  by  the  treasurer.  (Laws  1876,  ch.  122,  art.  10,  sec.  28.) 

SEC.  414.  Security.  [7582.]  The  credit  of  the  school  fund 
of  the  city  is  hereby  pledged  to  the  payment  of  the  interest 
and  principal  of  the  bonds  mentioned  in  this  article,  as  the 
same  may  become  due.  (Laws  1876,  ch.  122,  art.  10,  sec.  29.) 

SEC.  415.  Bond  Registry.  [7583.]  It  shall  be  the  duty  of 
the  clerk  of  the  board  of  education  to  register,  in  a  book  pro- 
vided for  that  purpose,  the  bonds  issued  under  this  act,  which 
said  registry  shall  show  the  number,  date  and  amount,  and  to 
whom  is  made  payable,  each  of  said  bonds.  (Laws  1876,  ch. 
122,  art.  10,  sec.  30.) 

SEC.  416.  Refunding  of  Outstanding  Bonded  Debt.  [7586.] 
The  board  of  education  of  any  city  of  the  first  class  is  hereby 
authorized  and  empowered  to  refund  any  and  all  outstanding 
bonds  heretofore  issued  by  order  of  said  board  by  issuing  new 
bonds  to  the  holders  of  such  outstanding  bonds ;  provided,  that 
such  new  bonds  shall  not  be  for  greater  amount  than  the  par 
value  of  the  bonds  refunded.  Such  refunding  bonds  shall 
severally  be  of  such  amount  as  said  board  shall  direct,  and 
shall  state  for  what  purpose  issued,  and  be  payable  to  the  per- 
son to  whom  issued  or  bearer  within  twenty  years  after  date, 
and  shall  bear  interest  at  the  rate  not  exceeding  five  per  cent 
per  annum,  payable  semiannually,  on  January  1  and  July  1,  as 
evidenced  by  coupons  attached.  All  bonds  refunded  under  the 
provisions  of  this  act  shall  be  noted  as  surrendered  and  can- 
celed on  the  registry  of  the  said  board  and  the  same  shall  be 
destroyed  in  the  presence  of  said  board.  (Laws  1903,  ch.  79, 
sec.  1.) 

SEC.  417.  Bonds  Registered.  [7587.]  The  bonds  hereby 
authorized  shall  be  numbered,  and  shall  be  registered  in  the 
book  kept  by  said  board  for  the  registry  of  its  bonds ;  and  said 
bonds  shall  be  signed  by  the  president  and  clerk  of  said  board, 
attested  with  the  seal  of  said  board  by  the  clerk,  and  counter- 
signed by  the  treasurer  of  said  city.  (Laws  1879,  ch.  81,  sec.  4.) 

SEC.  418.  Levy  of  Bond  Tax.  [7588.]  The  board  of  edu- 
cation, and  any  and  all  boards,  body,  or  officers,  by  law  au- 


150  PUBLIC  SCHOOLS — CITIES  OF  FIRST  CLASS.        [Ch.  26 

thorized  to  levy  and  collect  taxes  in  and  for  said  city  for  the 
support  of  schools  therein,  shall,  at  the  same  time  and  in  the 
same  manner  as  the  other  taxes  for  school  purposes  are  levied 
and  collected,  and  in  each  and  every  year  until  said  bonds 
and  interest  are  fully  paid,  as  hereinbefore  provided,  levy  or 
cause  to  be  levied  upon  all  the  property  within  the  said  city 
subject  to  taxation  for  school  purposes  a  tax  or  taxes  suffi- 
cient in  amount  to  pay  and  discharge  two  of  the  coupons  of 
each  of  the  bonds  issued  under  the  provisions  of  this  act,  and 
then  outstanding,  and  cause  the  same  to  be  collected  in  the 
same  manner  as  other  school  taxes  are  collected,  and  with  the 
money  so  collected  pay  and  discharge  the  coupons  for  which 
said  tax  or  taxes  were  levied.  And  it  shall  be  the  duty  of 
the  clerk  of  the  said  board  to  forthwith,  on  the  payment  of 
any  such  coupons,  note  their  payment  upon  the  registry  of 
said  bonds,  and  present  the  same  to  the  board,  and  in  their 
presence  cancel  the  same  in  such  manner  as  the  board  shall 
direct;  and  said  coupons  shall  be  carefully  preserved  until 
the  final  payment  of  said  bonds,  and  then  destroyed;  and  the 
possession  of  such  coupons  by  the  board  shall  be  conclusive 
evidence  of  their  payment.  And  the  said  board  shall  issue  no 
bonds  hereafter,  except  the  refunding  bonds  provided  for  by 
this  act.  (Laws  1879,  ch.  81,  sec.  5.) 

SEC.  419.  Penalty.  [7589.]  If  said  board  of  education,  or 
other  board,  body,  or  officer,  whose  duty  it  shall  be  to  levy 
taxes  for  the  payment  of  the  coupons  of  the  said  bonds,  as 
herein  provided,  shall  neglect  or  refuse  to  levy  the  tax  or  taxes 
for  the  payment  of  the  coupons  as  by  this  act  required,  each 
member  of  such  board  or  body,  and  each  officer,  who  shall  vote 
against  or  otherwise  oppose  the  levy  and  collection  of  such  tax 
or  taxes,  or  shall  do  any  act  to  prevent  or  delay  such  levy  and 
collection,  shall  be  liable,  jointly  and  severally,  to  each  and 
every  holder  of  such  bonds,  or  coupons  of  said  bonds,  which 
would  have  been  payable  from  such  taxes  if  the  same  had 
been  levied,  for  the  whole  amount  unpaid  on  such  coupons ;  and 
the  same  may  be  recovered  in  a  civil  action  in  any  court  of 
competent  jurisdiction,  and  judgment  rendered  thereon  may 
be  collected  and  enforced  in  the  same  manner  as  other  judg- 
ments are  collected  and  enforced ;  and  any  such  officer  so  neglect- 
ing or  refusing  to  levy  such  tax  shall  also  be  deemed  guilty  of 
a  misdemeanor,  and  on  conviction  thereof  shall  be  fined  in  an 
amount  equal  to  the  amount  which  it  may  be  shown  should 
have  been  so  levied  during  such  year,  or  imprisoned  in  the 
county  jail  for  a  term  not  less  than  three  nor  more  than  twelve 
months.  (Laws  1879,  ch.  81,  sec.  6.) 

SEC.  420.  Use  of  Money  Levied  and  Collected  under  this  Act 
L7590.J  Moneys  levied  and  collected  and  received  under  and 
pursuant  to  this  act  shall  not  be  used  or  employed  for  any 
other  purpose  than  the  payment  of  coupons  of  the  bonds  by 


Ch.  26]        PUBLIC   SCHOOLS — CITIES   OF  FIRST   CLASS.  151 

this  act  authorized;  and  any  member  of  said  board,  or  officer, 
who  shall  cause  such  money  so  collected  to  be  used  for  any 
other  purpose,  temporary  or  otherwise,  whatever,  or  counsel 
or  consent  to  the  same  being  so  used,  shall  be  liable  jointly 
and  severally  to  the  holder  of  any  such  bonds  or  coupons  for 
any  coupons  due,  to  be  recovered  and  collected  as  in  section  6 
hereof  specified.154  (Laws  1879,  ch.  81,  sec.  7.) 

SEC.  421.  Elections  under  Commission  System.  [877.]  In 
all  elections  held  for  the  election  of  city  or  school  officers,  or 
for  the  purpose  of  authorizing  the  issuance  of  any  bonds  for 
school  purposes,  or  other  public  improvements,  or  in  the  adop- 
tion or  rejection  of  this  act,  and  in  all  elections  held  under  this 
act,  the  right  of  any  citizen  to  vote  shall  not  be  denied  or 
abridged  on  account  of  sex,  and  women  may  vote  at  such  elec- 
tions the  same  as  men  and  under  like  restrictions  and  qualifica- 
tions, and  any  woman  possessing  the  qualifications  of  a  voter 
under  this  act  shall  also  be  eligible  to  any  such  city  or  school 
office.  (Laws  1909,  ch.  74,  sec.  1.) 

154.     Section  419  of  this  book. 


152 


PUBLIC   SCHOOLS — CITIES   OF   SECOND   CLASS.      [Ch.  27 


CHAPTER  XXVII.— PUBLIC  SCHOOLS  IN  CITIES  OF  THE 
SECOND  CLASS. 


§422.    Cities  of  the  second  class   defined. 

423.  City   schools   free;    who   may   be   ex- 

cluded. 

424.  Adjacent   territory    may    be    attached 

to  city  for  school  purposes ;  tax- 
ation in  such  cases ;  members  of 
board. 

425.  Third   class   changed  to  second  class. 

426.  County    superintendent    may    detach 

territory. 

427.  Corporate    name    and    style    of    city 

schools. 

428.  Cities  of  the   second  class  to  convey 

property   to  board. 

429.  Conveyance,  how  executed. 

430.  Powers  of  the  board. 

431.  Duty   of   the    president. 

432.  Duty  of  the  vice  president. 

433.  Clerk    shall   give    bond. 

434.  Duty    of    the   treasurer. 

435.  Annual     school     tax     not     to     exceed 

fifteen  mills. 

436.  Limitation    of   levy. 

437.  Limitation   of  levy. 

438.  Oaths  and  bonds  of  officers,  etc. 

439.  Taxable    property    subject    to    school 

tax. 

440.  Meetings  of  board,  when  held. 

441.  Annual  report  of  board  shall  be  pub- 

lished,   when. 


§442.  Restrictions  regarding  expenditures 
and  contracts. 

443.  No      sectarian      doctrines      shall      be 

taught  in  city  schools. 

444.  How     bond     election     shall     be     con- 

ducted. 

445.  Execution      of      bonds ;      signed      by 

whom  ;    specifications  ;    amount. 

446.  Annual    levy    for    interest    and    sink- 

ing-fund. 

447.  For    what    purpose    the    board    may 

issue  bonds ;  restrictions  regard- 
ing interest ;  maturity  and  sale 
of  bonds  ;  proviso. 

448.  Investment  of   sinking-fund. 

449.  Paid   coupons,    how   endorsed. 

450.  Payment    of    principal    and    interest, 

how  secured. 

451.  Bonds    issued    by    the    board    to    be 

registered   by   the  clerk. 

452.  Levy   for  building   purposes. 

453a.  Warrants  or  bonds  issued  for  build- 
ing purposes. 

4536.  Bonds  issued  to  pay  outstanding 
warrants. 

453c.  Denominations  ;  payment ;  signatures. 

453d.  Sale  of  bonds. 

453e.  Tax  for  interest  and  sinking-fund. 

454.  Treasurer  of  the  board   of  education 

elected  each  odd-numbered  year. 

455.  Validity  of  official  acts. 


SECTION  422.  Defined.  [7592.]  All  cities  now  organized 
and  acting  as  cities  of  the  second  class,  by  virtue  of  the  au- 
thority of  former  acts,  and  all  cities  hereafter  attaining  a 
population  over  2000  -and  not  exceeding  15,000  inhabitants, 
shall  be  governed  by  the  provisions  of  this  act;  and  when- 
ever any  city  shall  have  hereafter  attained  a  population  ex- 
ceeding 2000  inhabitants,  and  such  fact  shall  have  been  duly 
ascertained  and  certified  by  the  proper  authorities  of  such 
city  to  the  governor,  he  shall  declare,  by  public  proclamation, 
such  city  subject  to  the  provisions  of  this  act.  The  mayor 
and  council  of  such  city  shall,  at  the  time  of  making  the  cer- 
tificate herein  provided  for,  make  out  and  transmit  to  the 
governor  an  accurate  description  by  metes  and  bounds  of  all 
the  lands  included  within  the  limits  of  such  city,  and  the  ad- 
ditions thereto,  if  any.  (Laws  1876,  ch.  122,  art.  11,  sec.  1.) 

SEC.  423.  Free  Schools.  [7593.]  In  each  city  governed  by 
this  -act  there  shall  be  established  and  maintained  a  system 
of  free  common  schools,  which  shall  be  kept  open  not  less 
than  three  nor  more  than  ten  months  in  any  one  year,  and 
shall  be  free  to  all  children  residing  in  such  city  between  the 
ages  of  five  and  twenty-one  years.  But  the  board  of  education 
may,  where  school-room  accommodations  are  insufficient,  ex- 
clude for  the  time  being  children  between  the  ages  of  five  and 
seven  years.  (Laws  1876,  ch.  122,  art.  11,  sec.  2.) 


Ch.  27]      PUBLIC   SCHOOLS — CITIES   OF  SECOND   CLASS.  153 

SEC.  424.  Adjacent  Territory.  [7594.]  Territory  outside 
the  city  limits,  but  adjacent  thereto,  may  be  attached  to  such 
city  for  school  purposes,  upon  application  to  the  board  of  ed- 
ucation of  such  city  by  a  majority  of  the  electors  of  such  ad- 
jacent territory,  and  upon  the  application  being  made  to  the 
board  of  education  they  shall,  if  they  deem  it  proper,  and  to 
the  best  interests  of  the  schools  of  said  city  and  territory  seek- 
ing to  be  attached,  issue  an  order  attaching  such  territory  to 
such  city  for  school  purposes,  and  to  enter  the  same  upon 
their  journal;155  and  such  territory  shall  from  the  date  of 
such  order  be  and  compose  a  part  of  such  city  for  school  pur- 
poses only,  and  the  taxable  property  of  such  adjacent  territory 
shall  be  subject  to  taxation,  and  shall  bear  its  full  proportion 
of  all  expenses  incurred  in  the  erection  of  school  buildings  and 
in  maintaining  the  schools  of  the  city.  Whenever  the  territory 
so  attached  shall  have  attained  a  population  equal  to  one- 
half  that  of  any  ward  of  such  city,  or  whenever  the  taxable 
property  of  such  attached  territory  shall  be  equal  to  one-half 
that  of  any  one  ward  of  such  city,  such  attached  territory 
shall  be  entitled  to  elect  two  members  of  the  board  of  edu- 
cation, which  said  members  shall  be  elected  at  the  same  time 
and  in  the  same  manner  as  other  members  of  such  board.  The 
mayor  and  council  and  city  clerk  of  such  city  shall  provide 
for  elections  in  said  detached  territory,  and  shall  canvass  the 
returns  thereof  in  the  same  way  as  is  required  by  law  in 
respect  to  a  ward  of  such  city;  provided,  that  the  board  of 
education  shall  pay  all  the  expenses  of  such  election.  But  un- 
til such  attached  territory  shall  be  declared  to  have  attained 
a  population  or  taxable  property  equal  to  one-half  that  of 
any  one  ward  of  such  city,  such  territory  shall  be  attached  to 
the  several  wards  of  such  city  contiguous  thereto  as  shall  be 
determined  by  the  board  of  education  of  any  such  city,  and 
when  so  attached  shall  remain  parts  of  such  city  for  school 
purposes  only.  Any  persons  residing  upon  such  attached  ter- 
ritory, possessing  the  qualifications  of  electors,  as  provided 
in  section  5585  of  the  General  Statutes  of  1889,  shall  be  quali- 
fied to  vote  at  any  election  held  in  any  such  city  for  school 
purposes  only,  in  any  such  ward  of  such  city  to  which  such 
territory  shall  be  attached,  and  official  ballots  shall  be  printed 
for  such  attached  territory  to  such  wards  as  in  other  cases. 
(Laws  1903,  ch.  234,  sec.  1.) 

SEC.  425.  Attachment  for  School  Purposes;  Taxation;  Repre- 
sentation. [7628.]  That  whenever  any  city  of  the  third  class 
shall  become  a  city  of  the  second  class,  the  territory  of  the 
school  district  wherein  such  city  is  situated  shall  be  and  re- 
main attached  to  such  city  for  school  purposes,  unless  detached 
by  the  county  superintendent  of  public  instruction,  as  provided 

155.  School  districts  may  be  annexed  to  cities  of  the  second  class 
by  section  424.  See,  also,  section  494  of  this  book. 


154  PUBLIC   SCHOOLS — CITIES  OF  SECOND   CLASS.      [Ch.  27 

in  section  12  of  chapter  152  of  the  Laws  of  1881.  All  the  prop- 
erty in  such  territory  shall  be  subject  to  like  taxation  for  school 
purposes  as  the  property  in  said  city.  Whenever  the  popula- 
tion or  taxable  property  of  such  territory  outside  of  the  limits 
of  such  city  shall  equal  the  population  or  taxable  property  of 
any  ward  of  such  city,  such  territory  shall  be  entitled  to  elect 
two  members  of  the  board  of  education  of  such  city,  which 
said  members  shall  be  elected  at  the  same  time  and  in  like 
manner  as  other  members  of  such  board.  (Laws  1887,  ch.  218, 
sec.  1.) 

SEC.  426.  County  Superintendents  May  Detach  Territory. 
[7430.]  That  the  county  superintendents  of  public  instruction 
of  the  several  counties  of  the  state  of  Kansas  are  hereby  au- 
thorized and  empowered  to  detach  territory  from  the  school 
territory  of  cities  of  the  second  class,  if  said  territory  sought 
to  be  detached  is  outside  the  corporate  limits  of  said  city  of 
the  second  class,  notwithstanding  the  fact  that  said  territory 
forming  said  school  district  may  have  been  formed  into  a 
school  district  while  said  city  of  the  second  class  was  a  city 
of  the  third  class ;  provided,  the  interests  of  the  public  schools 
of  the  county  may  warrant  such  action;  provided,  that  no 
territory  shall  be  detached  unless  a  majority  of  the  citizens 
living  in  such  territory  shall  consent  in  writing  to  the  same. 
(Laws  1891,  ch.  88,  sec.  1.) 

SEC.  427.  Body  Corporate.  [7595.]  The  public  schools  of 
each  city  organized  in  pursuance  of  this  act  shall  be  a  body 
corporate,  and  shall  possess  the  usual  powers  of  a  corporation 
for  public  purposes,  by  the  name  and  style  of  "The  board  of 

education  of  the  city  of ,  of  the  state  of  Kansas" ;  and  in 

that  name  may  sue  or  be  sued,  and  be  capable  of  contracting 
and  being  contracted  with,  of  holding  and  conveying  such  real 
and  personal  estate  as  it  may  come  into  possession  of,  by  will 
or  otherwise,  or  as  is  authorized  to  be  purchased  by  the  pro- 
visions of  this  act.  (Laws  1876,  ch.  122,  art.  11,  sec.  4.) 

SEC.  428.    Conveyance  of  Property.    [7596.]   Any  city  of  the 
second  class  is  hereby  authorized  and  required,  upon  the  re- 
quest of  the  board  of  education  of  such  city,  to  convey  to  said 
board  of  education  all  property  within  the  limits  of  any  such 
:ity  heretofore  purchased  by  any  such  city  for  school  pur- 
oses   and  now  held  and  used  for  such  purposes,  the  title  to 
which  is  vested  in  any  such  city.     (Laws  1876,  ch.  122,  art. 
11,  sec.  5.) 

SEC  429.  How  Executed.  [7597.]  All  conveyances  for  the 
property  mentioned  in  the  preceding  section  [428]  shall  be 

g^et  nV  6  ?i?yor  and  atteste<l  by  the  clerk  of  said  city, 

and  shall  have  the  seal  of  the  city  affixed  thereto,  and  be  ac- 

mowledged  by  the  mayor  of  such  city  in  the  same  manner  as 

other  conveyances  of  real  estate.     (Laws  1876,  ch.  122,  art.  11, 

sec.  b.) 


Ch.  27]      PUBLIC   SCHOOLS — CITIES   OF  SECOND   CLASS.  155 

SEC.  430.  Powers.  [7600.]  The  board  of  education  shall 
have  power  to  elect  their  own  officers,  except  the  treasurer; 
to  make  their  own  rules  and  regulations,  subject  to  the  pro- 
visions of  this  article ;  to  organize  and  maintain  a  system  of 
graded  schools;  to  establish  a  high  school  whenever  in  their 
opinion  the  educational  interests  of  the  city  demand;157  and 
to  exercise  the  sole  control  over  the  schools  and  school  prop- 
erty of  the  city;158  and  maintain  such  high  school,  in  whole 
or  in  part,  by  demanding,  collecting  and  receiving  a  tuition 
fee  for  and  from  each  and  every  scholar  or  pupil  attending 
such  high  school.159  (Laws  1889,  ch.  224,  sec.  1.) 

NOTE. — See  sections  371  to  380  for  the  organization  and  election  of 
boards  of  education  in  cities  of  the  second  class. 

SEC.  431.  President.  [7602.]  It  shall  be  the  duty  of  the 
president  to  preside  at  all  the  meetings  of  the  board  of  edu- 
cation, to  appoint  all  committees  whose  appointment  is  not 
otherwise  provided  for,  and  to  sign  all  warrants  ordered  by 
the  board  of  education  to  be  drawn  upon  the  treasurer  for 
school  moneys.  (Laws  1876,  ch.  122,  art.  11,  sec.  11.) 

SEC.  432.  Vice  President.  [7603.]  It  shall  be  the  duty  of  the 
vice  president  to  perform  all  the  duties  of  the  president  in  case 
of  his  absence  or  disability.  (Laws  1876,  ch.  122,  art.  11, 
sec.  12.) 

SEC.  433.  Bond  of  Clerk.1™  [7605.]  Before  entering  upon 
the  discharge  of  his  duties,  the  clerk  of  the  board  of  educa- 
tion shall  give  bond  in  the  sum  of  $1000,  with  good  and  suf- 
ficient sureties,  to  be  approved  by  the  board,  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office.  (Laws 
1876,  ch.  122,  art.  11,  sec.  14.) 

SEC.  434.  Treasurer.  [7606.]  The  treasurer  shall  prepare 
and  submit  in  writing  a  monthly  report  of  the  state  of  the 
finances  of  the  district;  and  shall,  when  required,  produce  at 
any  meeting  of  the  board,  or  any  committee  appointed  for  the 
purpose  of  examining  his  accounts,  all  books  and  papers  per- 
taining to  his  office ;  he  shall  pay  moneys  only  upon  a  warrant 
signed  by  the  president,  or  in  his  absence  by  the  vice  president, 
and  countersigned  by  the  clerk;  and  shall  execute  a  bond  in 
such  sum  as  the  board  may  require,  with  sufficient  sureties,  to 
be  approved  by  the  board,  conditioned  for  the  faithful  dis- 

157.  For  provisions  for  manual  training  in  schools  in  cities  of  the 
second  class  see  section  298  of  this  book. 

158.  See  sections  382  and  492  of  this  book  for  power  to  condemn 
schoolhouse  sites. 

159.  It  is  unconstitutional  to  collect  tuition  from  pupils  of  the  school 
district  as  provided  in  section  430.     (See  Board  of  Education  v.  Dick,  70 
Kan.  434.) 

160.  A  member  of  the  board  cannot  legally  serve  as  clerk  of  the  board 
and  draw  pay  therefor. 


156  PUBLIC   SCHOOLS  —  CITIES   OF  SECOND   CLASS.      [Ch.  27 

charge  of  his  duties  of  treasurer  to  such  board.    (Laws  1876, 
ch.  122,  art.  11,  sec.  15.) 

SEC.  435.  Annual  School  Tax.  [7608.]  That  the  board  of 
education  in  cities  of  the  second  class  shall,  on,  or  before  the 
15th  day  of  July  of  each  year,  levy  a  tax  for  the  support  of 
the  schools  of  the  city  for  the  fiscal  year  next  ensuing,  not  ex- 
ceeding in  any  one  year  twenty  mills161  on  the  dollar  on  all 
personal,  mixed  and  real  property  within  the  district  which  is 
taxable  according  to  the  laws  of  the  state  of  Kansas,  which 
levy  the  clerk  of  the  board  shall  on  or  before  August  1  certify 
to  the  county  clerk,  who  is  hereby  authorized  and  required  to 
place  the  same  on  the  tax-roll  of  said  county,  to  be  collected  by 
the  treasurer  of  the  county  as  are  other  taxes,  and  paid  over  by 
him  to  the  treasurer  of  the  board  of  education,  of  whom  he 
shall  take  a  receipt  in  duplicate,  one  of  which  he  shall  file  in 
his  office  and  the  other  he  shall  forthwith  transmit  to  the  clerk 
of  the  board  of  education.  (Laws  1905,  ch.  399,  sec.  1.) 

SEC.  436.  Limitation  of  Levy.  [9416.]  The  authority  of 
boards  of  education  in  cities  of  the  second  class  to  levy  taxes  as 
provided  in  chapter  399,  Laws  of  1905,  is  hereby  limited  so 
that  the  board  of  education  of  any  such  city  shall  not  fix  a  rate 
of  levy  for  the  support  of  the  schools  of  the  city  in  excess  of 
six  mills.  (Laws  1909,  ch.  245,  sec.  23.) 

SEC.  437.  Limitation  of  Levy.  [Laws  1911,  ch.  265,  sec.  1.] 
The  authority  of  boards  of  education  in  cities  of  the  second 
class  having  an  assessed  valuation  of  less  than  one  million  dol- 
lars to  levy  taxes  as  provided  in  section  7608  of  the  General 
Statutes  of  1909  is  hereby  limited  so  that  the  board  of  educa- 
tion of  any  such  city  shall  not  fix  a  rate  of  levy  for  the  support 
of  the  schools  of  the  city  in  excess  of  nine  mills. 

SEC.  438.  Oath  of  Office.  [7622.]  Each  member  of  the 
board  of  education  and  officer  provided  for  in  this  article  shall 
take  and  subscribe  an  oath  or  affirmation  to  support  the  con- 
stitution of  the  United  States,  the  constitution  of  the  state  of 
Kansas,  and  faithfully  perform  the  duties  of  his  office.  The 
oath  and  bond  of  the  clerk  shall  be  filed  with  the  treasurer.  All 
other  oaths  and  bonds  shall  be  filed  with  the  clerk.  (Laws 
1876,  ch.  122,  art.  11,  sec.  32.) 

SEC.  439.  Taxable  Property.  [7609.]  The  taxable  property 
of  the  whole  city,  including  the  territory  attached  for  school 
purposes,  shall  be  subject  to  taxation.  All  taxes  collected  for 
the  benefit  of  the  schools  shall  be  paid  in  money,  and  shall  be 
placed  in  the  hands  of  the  treasurer,  subject  to  the  order  of 
the  board  of  education.  (Laws  1876,  ch.  122,  art.  11,  sec.  19.) 

SEC  440  Meetings  of  Board.  [7610.]  The  regular  meet- 
ings of  the  board  of  education  shall  be  upon  the  first  Monday 
ot  each  month,  but  special  meetings  may  be  held  from  time  to 


hi«6l!'  Aimit/eQd  t0  s,ix  mills.by  Laws  1909,  ch.  245,  sec.  23  (section  436  of 
this  book).     (See,  also,  section  437  of  this  book.) 


Ch.  27]      PUBLIC   SCHOOLS — CITIES   OF   SECOND   CLASS.  157 

time,  as  circumstances  may  demand.      (Laws  1876,  ch.  122, 
art.  11,  sec.  20.) 

SEC.  441.  Annual  Report.  [7611.]  The  board  of  education, 
at  the  close  of  each  school  year  or  as  soon  thereafter  as  prac- 
ticable, shall  make  an  annual  report  of  the  progress,  prosper- 
ity, and  condition,  financial  as  well  as  educational,  of  all  the 
schools  under  their  charge ;  and  said  report,  or  such  portion  of 
it  as  the  board  of  education  shall  consider  of  advantage  to  the 
public,  shall  be  printed  either  in  a  public  newspaper  or  in 
pamphlet  form.  (Laws  of  1876,  ch.  122,  art.  11,  sec.  21.) 

SEC.  442.  Expenditures;  Contracts.  [7612.]  No  expendi- 
tures involving  an  amount  greater  than  $200  shall  be  made 
except  in  accordance  with  the  provisions  of  a  written  contract, 
and  no  contract  involving  an  expenditure  of  more  than  $500 
for  the  purpose  of  erecting  any  public  buildings  or  making 
any  improvements  shall  be  made  except  upon  sealed  propos- 
als, and  to  the  lowest  responsible  bidder.162  (Laws  1876, 
ch.  122,  art.  11,  sec.  22.) 

SEC.  443.  Sectarian  Doctrine.  [7613.]  No  sectarian  doc- 
trine shall  be  taught  or  inculcated  in  any  of  the  public  schools 
of  the  city ;  but  the  Holy  Scriptures,  without  note  or  comment, 
may  be  used  therein.  (Laws  1876,  ch.  122,  art.  11,  sec.  23.) 

SEC.  444.  Bond  Election.  [7615.]  It  shall  be  the  duty  of 
the  mayor  of  each  city  governed  by  this  act,  upon  the  request 
of  the  board  of  education,  forthwith  to  call  an  election,  to  be 
conducted  in  all  respects  as  are  the  elections  for  city  officers 
in  the  same  cities,  except  that  the  returns  shall  be  made  to 
the  board  of  education,  for  the  purpose  of  taking  the  sense 
of  such  district  upon  the  question  of  issuing  such  bonds, 
naming  in  the  proclamation  of  such  election  the  amount  of 
bonds  asked  for,  and  the  purpose  for  which  they  are  to  be 
issued.  (Laws  1876,  ch.  122,  art.  11,  sec.  25.) 

SEC.  445.  Execution  of  Bonds.  [7616.]  The  bonds,  the  is- 
suance -of  which  is  provided  for  in  the  foregoing  section,163 
shall  be  signed  by  the  president,  attested  by  the  clerk  and 
countersigned  by  the  treasurer  of  the  board  of  education; 
and  said  bonds  shall  specify  the  rate  of  interest  and  the  time 
when  principal  and  interest  shall  be  paid,  and  each  bond  so 
issued  shall  be  for  a  sum  not  less  than  fifty  dollars.  (Laws 
1876,  ch.  122,  art.  11,  sec.  26.) 

SEC.  446.  Levy  for  Interest  and  Sinking-fund.  [7617.]  The 
board  of  education,  at  the  time  of  its  annual  levy  of  taxes  for 
the  support  of  schools  as  hereinbefore  provided,  shall  also 
levy  a  sufficient  amount  to  pay  the  interest  as  the  same  ac- 

162.  A  member  of  the  board  cannot  legally  enter  into  contract  with 
the  board  to  furnish  supplies  for  the  schools  under  said  board's  control 
nor  to  perform  any  service  for  said  board  for  which  said  member  draws 
pay.     (See  section  221  of  this  book.) 

163.  Section  444  of  this  book. 


158  PUBLIC   SCHOOLS — CITIES   OF  SECOND   CLASS.      [Ch.  27 

crues  on  all  bonds  issued  under  the  provisions  of  this  article, 
and  also  to  create  a  sinking-fund  for  the  redemption  of  said 
bonds,  which  it  shall  levy  and  collect,  in  addition  to  the  rate 
per  cent  authorized  by  the  provisions  aforesaid  for  school  pur- 
poses ;  and  said  amount  of  funds,  when  paid  into  the  treasury, 
shall  be  and  remain  a  specific  fund  for  said  purpose  only,  and 
shall  not  be  appropriated  in  any  other  way  except  as  here- 
inafter provided.  (Laws  1876,  ch.  122,  art.  11,  sec.  27.) 

SEC.  447.  Bonds.  [Laws  1911,  ch.  260,  sec.  1.]  That  sec- 
tion 7614,  General  Statutes  of  Kansas  1909,  be  and  the  same 
is  hereby  amended  to  read  as  follows :  Sec.  7614.  That  when- 
ever it  shall  become  necessary  for  the  board  of  education  of 
any  city  of  the  second  class  to  provide  funds  for  the  purchase 
of  a  school  site  or  sites,  or  to  erect  a  suitable  building  or  build- 
ings thereon,  or  to  fund  any  bonded  indebtedness  or  any  float- 
ing indebtedness  which  may  at  present  exist  in  the  public 
schools  of  said  cities  of  the  second  class,  it  shall  be  lawful  for 
the  board  of  education  of  such  city  of  the  second  class  to  bor- 
row money  for  such  purposes;  and  for  such  purpose  or  pur- 
poses the  said  board  of  education  is  hereby  authorized  and 
empowered  to  issue  bonds  bearing  a  rate  of  interest  not  ex- 
ceeding five  per  cent  per  annum,  payable  annually  or  semi- 
annually  at  such  time  and  place  as  may  be  mentioned  on  the 
face  of  the  bonds,  which  shall  be  payable  in  not  more  than 
twenty  years  from  their  date,  and  the  board  of  education  is 
hereby  authorized  and  empowered  to  sell  such  bonds  at  not 
less  than  their  par  value ;  provided,  that  no  such  bonds,  except 
refunding  bonds,  shall  be  issued  until  the  question  of  issuing 
the  same  shall  be  submitted  to  a  vote  of  the  people,  and  a 
majority  of  the  qualified  electors,  male  and  female,  who  shall 
vote  on  the  question  of  [at]  any  election  called  for  the  purpose 
shall  have  declared  by  their  votes  in  favor  of  issuing  such 
bonds ;  provided  further,  that  the  total  indebtedness  of  the  said 
board  of  education  shall  not  thereby  be  increased  to  an  amount 
exceeding  two  per  cent  of  the  authorized  valuation  of  the  ter- 
ritory within  the  jurisdiction  of  said  board  of  education ;  pro- 
vided further,  that  the  board  of  education  of  cities  of  the  sec- 
ond class  may  issue  bonds  at  any  time  without  such  election  to 
pay  outstanding  warrants  or  floating  indebtedness  which  may 
exist  ^at  the  passage  of  this  act ;  and  such  board  of  education 
may  issue  at  any  time  a  bond  for  a  sum  not  greater  than  ten 
hundred  dollars  to  raise  money  to  pay  for  needful  repairs  on 
school  buildings  or  heating  plants  for  the  public-schools  build- 
ings, if  the  state  school  superintendent  shall  approve  in  writing 
such  issue  of  bonds  for  floating  indebtedness,  and  for  the  pur- 
pose in  the  above  proviso;  provided,  it  shall  not  at  any  time 
exceed  an  aggregate  amount  of  the  sum  of  five  thousand  dol- 
lars ;  provided  further,  that  the  right  granted  herein  to  boards 
of  education  to  issue  bonds  without  such  election  shall  not  be 
construed  to  authorize  and  [an]  issue  [of]  bonds  which,  with 


Ch.  27]      PUBLIC   SCHOOLS — CITIES   OF   SECOND   CLASS.  159 

those  of  the  same  kind  already  outstanding,  shall  exceed  two 
per  cent  of  the  assessment  of  taxation  as  shown  by  the  last 
findings  and  determination  of  the  proper  board  of  equal- 
ization. 

SEC.  448.  Use  of  Sinking -fund.  [7618.]  All  moneys  raised 
for  the  purpose  of  creating  a  sinking-fund  for  the  final  re- 
demption of  all  bonds  issued  under  this  article  shall  be  in- 
vested annually  by  the  board  of  education  in  the  bonds  of 
the  state  of  Kansas,  or  of  the  United  States,  or  the  board 
may  buy  and  cancel  the  bonds  of  the  district  whenever  such 
may  be  purchased  at  or  below  par.  (Laws  1876,  ch.  122,  art. 
11,  sec.  28.) 

SEC.  449.  Interest.  [7619.]  Whenever  the  interest  coupons 
of  the  bonds  hereinbefore  authorized  shall  become  due,  they 
shall  be  promptly  paid,  on  presentation,  by  the  treasurer,  out 
of  money  in  his  hands  collected  for  that  purpose ;  and  he  shall 
indorse  upon  the  face  of  such  coupons  in  red  ink  the  word 
"Paid,"  and  the  date  of  payment,  and  sign  the  initials  of  his 
name.  (Laws  1876,  ch.  122,  art.  11,  sec.  29.) 

SEC.  450.  Security.  [7620.]  The  school  fund  and  property 
of  such  city  and  territory  attached  for  school  purposes  are 
hereby  pledged  to  the  payment  of  the  interest  and  principal 
of  the  bonds  mentioned  in  this  article,  as  the  same  may  be- 
come due.  (Laws  1876,  ch.  122,  art.  11,  sec.  30.) 

SEC.  451.  Bond  Registry.  [7621.]  It  shall  be  the  duty  of 
the  clerk  of  the  board  of  education  to  register  in  a  book  pro- 
vided for  that  purpose  the  bonds  issued  under  this  article,  and 
all  warrants  issued  by  the  board,  which  said  register  shall 
show  the  number,  date  and  amount  of  said  bonds,  and  to 
whom  made  payable.  (Laws  1876,  ch.  122,  art.  11,  sec.  31.) 

SEC.  452.  Tax  Levy.  [Laws  1911,  ch.  115,  sec.  1.]  The 
boards  of  education  of  all  cities  of  the  second  class  having  a 
population  of  over  7000  and  less  than  10,500  population  are 
hereby  authorized  to  locate  and  build  schoolhouses  within  the 
district.  Before  any  contract  is  let  the  board  of  education  shall 
record  upon  the  journal  of  its  proceedings  a  finding  that  the 
erection  of  such  schoolhouse  or  such  addition  thereto  is  a  pub- 
lic necessity  for  the  accommodation  of  its  schools,  and  shall 
certify  to  the  county  clerk  of  the  county  a  levy  not  exceeding 
two  mills  upon  the  dollar  upon  taxable  property,  real,  personal 
or  mixed,  in  the  school  district,  including  attached  adjacent 
territory,  if  any,  which  taxes  may  be  levied  in  addition  to  all 
taxes  now  levied  under  the  law,  and  shall  be  levied  and  en- 
tered upon  the  tax-roll  by  the  county  clerk  in  the  same  man- 
ner and  collected  in  the  same  manner  as  other  taxes ;  provided, 
that  the  question  shall  have  been  submitted  to  the  qualified 
electors  of  the  district  and  a  majority  of  all  of  the  qualified 


160      PUBLIC  SCHOOLS — CITIES  OF  SECOND  CLASS.   [Ch.  27 

electors  voting  upon  the  proposition  shall  have  declared  by 
their  ballots  in  favor  of  the  levy. 

SEC.  453a.  Bonds  or  Warrants.  [Laws  1911,  ch.  115,  sec. 
2.]  That  the  balance  of  the  cost  of  said  structure  shall  be 
divided  into  equal  sums,  for  which  the  board  of  education  shall 
issue  either  time  warrants  or  bonds  of  the  school  district,  in 
its  discretion,  signed  by  its  president  and  clerk  and  counter- 
signed by  the  treasurer  of  the  district,  in  denominations  not 
less  than  $100  nor  more  than  $500,  each  bearing  interest  not 
exceeding  five  per  cent,  and  which  shall  not  be  sold  below  par. 
and  which  shall  mature  in  two  and  three  years,  in  equal 
amounts,  and  a  sufficient  levy  shall  be  certified  and  made  in 
each  year  to  pay  said  warrant  or  bonds  and  all  accruing  inter- 
est thereon.  No  school  building  or  addition  to  school  buildings 
built  under  this  act  shall  cost  more  than  $40,000. 

SEC.  4536.  Bonds  Issued  to  Pay  Outstanding  Warrants. 
[Laws  1911,  ch.  105,  sec.  1.]  The  board  of  education  of  any 
city  of  the  second  class  is  hereby  authorized  to  issue  bonds  of 
such  board  of  education,  in  an  amount  not  to  exceed  the  total 
amount  due  on  warrants  of  said  board  of  education  outstanding 
at  the  time  this  law  takes  effect,  including  accrued  interest 
thereon.  The  proceeds  derived  from  the  sale  of  said  bonds 
shall  be  used  for  the  payment  of  the  amount  due  on  such  out- 
standing warrants,  including  interest,  and  for  no  other  purpose 
whatsoever. 

SEC.  453c.  Denominations;  Payment;  Signatures.  [Laws 
1911,  ch.  105,  sec.  2.]  Said  bonds  shall  be  issued  in  denomina- 
tions of  not  less  than  $100,  and  shall  be  payable  not  more  than 
twenty  years  from  the  date  thereof,  and  shall  bear  interest 
at  a  rate  not  to  exceed  five  per  cent  per  annum,  payable  semi- 
annually,  for  which  interest  coupons  shall  be  attached  to  said 
bonds.  The  board  of  education  issuing  said  bonds  shall  by 
resolution  determine  the  time  or  times  when  said  bonds  shall 
be  payable  and  the  denomination  or  denominations  thereof. 
The  bonds  shall  be  signed  by  the  president  and  clerk  of  the 
board  of  education  issuing  the  same,  and  the  coupons  shall  be 
signed  in  the  same  way,  or  have  printed  or  engraved  thereon 
a  facsimile  of  said  signature. 

SEC.  453d  Sale  of  Bonds.  [Laws  1911,  ch.  105,  sec.  3.] 
Said  bonds  shall  be  sold  under  the  direction  of  the  board  of 
education  issuing  the  same,  for  not  less  than  their  par  value, 
and  no  commission  shall  be  allowed  for  the  same.  No  bonds 
shall  ^be  delivered  to  any  purchaser  unless  the  board  of  educa- 
tion issuing  the  same  shall  receive  at  the  time  of  the  delivery 
thereof  the  outstanding  warrants  which  are  paid  by  the  pro- 
ceeds of  said  bonds. 

SEC.  453e.  Tax  for  Interest  and  Sinking-fund.  [Laws  1911, 
ch.  105,  sec.  4.]  Each  board  of  education  issuing  bonds  under 


Ch.  27]      PUBLIC   SCHOOLS — CITIES   OF   SECOND   CLASS.  161 

the  provisions  of  this  act  shall  each  year  levy  a  tax  on  the  tax- 
able property  of  said  city  and  the  territory  attached  thereto 
for  school  purposes  sufficient  to  pay  the  interest  accruing 
thereon,  and  shall  also  make  such  provision  for  a  sinking-fund 
as  it  may  deem  proper. 

SEC.  454.  Treasurer  of  the  Board.  [949.]  There  shall  be 
elected,  on  the  first  Tuesday  of  April  of  each  odd-numbered 
year,  a  mayor,  police  judge,  city  treasurer,  and  treasurer  of 
the  board  of  education,  together  with  councilmen,  members  of 
the  board  of  education,  justices  of  the  peace,  and  constables, 
as  herein  provided.  The  mayor  shall  appoint,  by  and  with 
the  consent  of  the  council,  a  city  marshal,  a  city  clerk,  a  city 
attorney,  and  city  assessor,  and  may  appoint  an  assistant  mar- 
shal, city  engineer,  street  commissioner,  and  such  policemen 
and  other  officers  as  they  may  deem  necessary.  The  officers  so 
appointed  and  confirmed  shall  hold  their  offices  for  the  term  of 
one  year,  and  until  their  successors  are  appointed  and  qualified ; 
the  council  shall  by  ordinance  specify  their  duties  and  com- 
pensation, and  by  ordinance  abolish  any  office  created  by  them 
whenever  they  may  deem  it  expedient.  The  mayor,  council- 
men,  members  of  the  board  of  education,  justices  of  the  peace, 
constables,  city  treasurer,  police  judge  and  treasurer  of  the 
board  of  education  shall  hold  their  offices  for  the  term  of  two 
years,  and  all  other  officers  for  the  term  of  one  year ;  provided, 
at  the  first  annual  election  after  the  organization  of  any  city 
there  shall  be  two  councilmen  and  two  members  of  the  board  of 
education  elected  from  each  ward,  one  of  whom  shall  serve  for 
one  year  and  one  for  two  years,  and  one  councilman  and  one 
member  of  the  board  of  education  shall  be  elected  from  each 
ward  at  each  annual  election  thereafter;  provided,  that  no 
member  of  the  board  of  education  shall  be  a  member  of  the 
council,  nor  shall  any  member  of  the  council  be  a  member  of 
the  board  of  education,  and  no  person  shall  hold  the  office  of 
police  judge  and  justice  of  the  peace  at  the  same  time;  and 
provided  further,  that  in  cities  having  a  population  of  over 
10,000  inhabitants  the  board  of  education  shall  consist  of  six 
members  only.  There  shall  be  elected  in  such  cities,  on  the  first 
Tuesday  of  April,  1885,  six  members  of  the  board  of  education, 
two  of  whom  shall  serve  for  one  year,  two  for  two  years,  and 
two  for  three  years,  and  at  the  annual  election  every  year 
thereafter  two  members  of  the  board  of  education  shall  be 
elected  for  the  term  of  three  years.  (Laws  1885,  ch.  99,  sec.  3.) 

SEC.  455.  Validity  of  Official  Acts.  [7627.]  That  in  cases 
wherein,  in  cities  of  the  second  class  of  over  10,000  inhab- 
itants, the  boards  of  education  have  heretofore  consisted  of  but 
six  members,  the  official  acts  and  proceedings  of  such  boards 
heretofore  had  and  taken,  and  contracts  made  and  entered  into 
and  obligations  incurred  by  such  boards  of  education  in  pur- 
suance of  the  laws  of  Kansas  governing  boards  of  education  in 
-6 


162  PUBLIC   SCHOOLS — CITIES  OF  SECOND   CLASS.      [Ch.  27 

such  cities,  be  and  the  same  are  hereby  ratified  and  confirmed, 
and  declared  to  be  of  the  same  validity,  force  and  effect  as 
though  said  boards  of  education  had  consisted  of  two  members 
from  each  of  the  wards  of  such  cities.  (Laws  1907,  ch.  243, 
sec.  1.) 


Ch.  28]  PUBLIC  SCHOOLS — CITIES  OF  THIRD  CLASS.  163 


CHAPTER  XXVIII.— PUBLIC  SCHOOLS  IN  CITIES  OF  THE 
THIRD  CLASS. 

§456.    Cities    of    the    third     class    defined;    I    §457.    Shall    not    be    detached    from    school 
government   of   public   schools.  |  districts,  etc. 

SECTION  456.  Defined.  [7629.]  Public  schools  in  incorpo- 
rated cities  which  have  not  less  than  250  and  not  over  2000  in- 
habitants, if  not  otherwise  provided  for  by  law,  shall  be  gov- 
erned by  the  provisions  of  this  act  which  apply  to  the  organiza- 
tion and  maintenance  of  district  schools164  or  of  union  or 
graded165  schools.  (Laws  1876,  ch.  122,  art.  12,  sec.  1.) 

SEC.  457.  Area.  [7630.]  That  no  portion  of  the  corpora- 
tion of  a  city  of  the  third  class  shall  be  detached  from  the 
school  district  in  which  the  city  is  located,  and  the  whole  of 
such  corporation  shall  be  and  remain  in  one  school  district  for 
the  purpose  of  schools  and  taxation.166  (Laws  1876,  ch.  122, 
art.  12,  sec.  2.) 

164.  See  chapters  IX  and  XXXI. 

165.  See  chapter  XXXI. 

166.  See  section  7628,  General  Statutes  of  1909,  concerning  the  de- 
tachment of  territory  where  a  city  of  the  third  class  has  become  a  city  of 
the  second  class. 


164 


RETIREMENT  FUND. 


[Ch.  29 


CHAPTER  XXIX.— RETIREMENT  FUND. 


§462.  Refund  or  transfer  of  funds. 

463.  Term   "teacher"  denned. 

464.  Duty    of   treasurer. 

465.  Provisions    voluntary. 

466.  Rules    and    regulations. 


§458.     Creation    and    maintenance. 

459.  Disbursement. 

460.  Retirement     with     thirty     years'     ex- 

perience. 

461.  Retirement    on    account    of    disability 

or   incapacity. 

SECTION  458.  Creation  and  Maintenance.  [Laws  1911,  ch. 
280,  sec.  1.]  In  any  city  of  the  first  class  in  the  state  of  Kan- 
sas there  may  be  created  by  the  board  of  education  of  such 
city  a  public-school  teachers'  retirement  fund,  which  fund, 
when  created,  and  the  management  and  disbursement  thereof, 
shall  be  under  the  control  of  the  board  of  education  of  such 
city.  Such  retirement  fund  shall  be  created  and  maintained 
in  the  following  manner:  First,  by  an  assessment  of  not  less 
than  one  per  cent  nor  more  than  one  and  one-half  per 
cent  of  every  installment  of  salary  paid  to  a  teacher  em- 
ployed in  such  city;  second,  by  the  setting  aside  from 
the  general  fund  for  the  support  of  the  schools  in  such 
city,  of  an  amount  which  shall  be  not  less  than  one  and  one- 
half  times  the  amount  of  salary  assessments,  and  not  less  than 
the  amount  necessary  to  meet  the  payments  herein  provided 
for ;  third,  by  the  receipt  by  the  gift  or  otherwise  of  any  real, 
personal  or  mixed  property  or  any  interest  therein. 

SEC.  459.  Disbursement.  [Laws  1911,  ch.  280,  sec.  2.] 
Such  a  retirement  fund  when  thus  created  and  maintained, 
or  so  much  thereof  as  shall  be  necessary,  shall  be  disbursed  in 
the  manner  hereinafter  set  forth ;  and  any  surplus  of  fund  not 
needed  for  immediate  disbursement  may  be  invested  by  the 
board  of  education  of  such  city,  acting  as  trustees  of  such 
fund,  in  any  bonds  approved  by  the  State  School-fund  Com- 
mission. 

SEC.  460.  Retirement  with  Thirty  Years'  Experience.  [Laws 
1911,  ch.  280,  sec.  3.]  Any  teacher  who  has  been  credited  un- 
der the  rules  and  regulations  of  such  board  of  education  with 
an  aggregate  of  thirty  years  of  teaching  experience  may  be 
retired  by  such  board  of  education.  Any  teacher  so  retired 
under  the  foregoing  provision  of  this  section,  provided  that 
at  least  fifteen  years  of  such  accredited  teaching  experience 
shall  have  been  in  the  public  schools  of  such  cities  of  the  first 
class,  shall  be  entitled  to  receive  from  such  retirement  fund, 
so  long  as  such  teacher  may  live,  equal  monthly  payments, 
which  shall  aggregate  $500  per  annum;  provided,  however, 
that  no  one  shall  receive  such  pension  without  paying  into  the 
fund  therefor,  by  way  of  assessment  or  otherwise,  not  less 
than  one-half  of  the  amount  of  the  first  annual  pension  to 
which  such  person  shall  be  entitled.  And  in  order  to  make 


Ch.  29]  RETIREMENT  FUND.  165 

up  such  one-half  the  board  of  education  may  provide  for  any 
deficiency  by  deducting  the  necessary  amount  from  the  first 
year's  pension  payments  in  equal  amounts  each  month. 

SEC.  461.  Retirement  on  Account  of  Disability  or  Inca- 
pacity. [Laws  1911,  ch.  280,  sec.  4.]  Any  teacher  who  has 
been  credited  under  the  rules  and  regulations  of  such  board 
of  education  with  an  aggregate  of  twenty-five  or  more  years 
of  teaching  experience  may  be  retired  by  such  board  of  edu- 
cation on  account  of  disability  or  incapacity,  physical  or  other- 
wise. Any  teacher  so  retired,  provided  that  at  least  fifteen 
years  of  such  accredited  teaching  experience  shall  have  been 
in  the  public  schools  of  cities  of  the  first  class,  shall  be  entitled 
to  receive  from  such  retirement  fund,  during  the  period  of 
retirement,  monthly  installments,  the  annual  aggregate  of 
which  shall  be  such  percentage  of  $500  as  the  number  of  years 
of  such  accredited  teaching  experience  of  the  beneficiary  shall 
bear  to  the  term  of  thirty  years.  Any  teacher  so  retired  may, 
at  the  discretion  of  the  board  of  education,  should  such  teach- 
er's incapacity  or  disability  be  removed,  be  reinstated  as  a 
teacher,  and  any  right  to  any  payments  from  this  fund  until 
such  teacher  again  be  retired  shall  cease  with  such  reinstate- 
ment. And  shall  any  teacher  be  so  reinstated  the  years  of 
such  retirement  shall  be  included  in  arriving  at  the  term  of 
service  when  such  teacher  may  again  be  retired,  but  no  credit 
for  such  years  of  retirement  shall  be  given  in  arriving  at  the 
amount  such  teacher  shall  be  entitled  to  receive  from  the  re- 
tirement fund. 

SEC.  462.  Refund  or  Transfer  of  Funds.  [Laws  1911,  ch. 
280,  sec.  5.]  If  at  any  time  a  teacher  who  is  willing  to  con- 
tinue is  not  reemployed  or  is  discharged  before  the  time  when 
he  or  she  would  under  the  provisions  of  this  act  be  entitled  to 
a  pension,  then  such  teacher  shall  be  paid  back  at  once  the 
money  he  or  she  may  have  contributed  under  this  act.  Should 
a  teacher  duly  accredited  in  a  city  of  the  first  class  accept 
service  in  the  public  schools  of  any  other  city  of  the  first  class, 
a  sum  equivalent  to  all  payments  made  by  such  teacher  into 
the  retirement  fund  shall  be  transferred  to  the  retirement 
fund  of  the  city  in  which  such  service  is  accepted.  Any 
teacher  who  shall  retire  voluntarily  from  the  service  shall 
receive  a  refund  of  one-half  of  the  money  he  or  she  shall  have 
contributed  under  this  act.  And  should  any  teacher  die  before 
receiving  any  of  the  benefits  or  pensions  by  this  act  provided 
the  board  of  education  shall  pay  to  such  teacher's  heirs  or 
estate  one-half  of  the  amount,  without  interest,  which  shall 
have  been  paid  into  such  pension  fund  by  said  teacher. 

SEC.  463.  Term  "Teacher"  Defined.  [Laws  1911,  ch.  280, 
sec.  6.]  In  construing  this  act,  the  word  "teacher"  shall  in- 
clude all  members  of  the  teaching  staff  employed  by  the  board 
of  education  of  such  city,  which  shall  include  superintendents, 


166  RETIREMENT  FUND.  [Ch.  29 

supervisors,  and  assistants  to  the  superintendent  of  instruc- 
tion, principals,  and  teachers. 

SEC.  464.  Duty  of  Treasurer.  [Laws  1911,  ch.  280,  sec.  7.] 
It  is  hereby  made  the  duty  of  the  treasurer  of  such  city  to 
keep  any  fund  arising  under  the  provisions  of  this  act  as  a 
separate  fund,  and  to  disburse  the  same  in  accordance  with 
the  instructions  and  orders  of  the  board  of  education  of  such 
city. 

SEC.  465.  Provisions  Voluntary.  [Laws  1911,  ch.  280,  sec. 
8.]  After  said  retirement  fund  shall  be  created  by  said  board 
of  education  of  such  city,  the  salary  of  any  teacher  regularly 
employed  by  such  city  shall  be  exempt  from  the  provisions  of 
this  act,  provided  such  teacher  shall  make  a  request  in  writing 
for  such  exemption  and  file  the  same  with  the  board  of  edu- 
cation of  such  city  within  one  month  after  such  teacher  shall 
enter  upon  such  regular  employment  as  a  teacher,  and  such 
request,  when  filed  with  the  board  of  education  of  such  city, 
shall  constitute  a  waiver  and  a  bar  to  the  receipt  of  any  bene- 
fits from  the  retirement  fund  herein  provided  for. 

SEC.  466.  Rules  and  Regulations.  [Laws  1911,  ch.  280,  sec. 
9.]  The  board  of  education  shall  have  power  to  adopt  rules 
and  regulations  for  the  carrying  out  of  the  purposes  of  this 
act  not  in  conflict  therewith. 


Ch.  30] 


STATE   SUPERINTENDENT. 


167 


CHAPTER  XXX. — STATE  SUPERINTENDENT  OF  PUBLIC 
INSTRUCTION. 


§467.  -Official  oath  and  bond. 

468.  Shall    have    supervision    of    the    edu- 

cational  interests   of  the  state. 

469.  May    appoint    an    assistant    superin- 

tendent and  a  clerk  of  the  board 
of  school-fund  commissioners. 

470.  Apportionment   of   the   annual   school 

fund  ;  time  of  making,  and  basis 
of  the  same. 

471.  Manner    of    apportioning    the    state 

annual   school   fund. 

472.  Official   opinions    to   be   given    at   the 

request  of  county  superintendents, 
and  a  record  of  such  decisions 
kept. 


§473.  May  publish  the  school  laws  in  force, 
and  shall  cause  the  printing  and 
distribution  of  blanks  required  in 
transaction  of  the  common-school 
business. 

474.  Shall    visit    schools    and    recommend 

text-books. 

475.  Office  at  seat  of  government ;  books, 

apparatus,     reports,     etc.,     to     be 
preserved    therein. 

476.  Evidence. 

477.  Biennial    report ;    when    it    shall    be 

made,   and   what  it   shall   contain. 


SECTION  467.  Oath  and  Bond.  [8913.]  The  state  superin- 
tendent of  public  instruction  shall,  before  he  enters  upon  the 
duties  of  his  office,  take  and  subscribe  the  proper  oath  of  of- 
fice, and  shall  execute  to  the  state  of  Kansas  a  bond  in  the 
sum  of  $10,000,  with  two  or  more  sufficient  sureties  to  be  ap- 
proved by  the  Executive  Council,  conditioned  that  he  shall 
faithfully  perform  the  duties  of  his  said  office,  which  oath  and 
bond  shall  be  filed  in  the  office  of  the  secretary  of  state.  (Laws 
1879,  ch.  166,  sec.  78.) 

SEC.  468.  General  Duties.  [8914.]  The  educational  inter- 
ests of  the  state  shall  be  under  the  supervision  and  manage- 
ment of  the  state  superintendent  of  public  instruction,  subject 
to  such  limitations  and  restrictions  as  are  or  may  be.  pre- 
scribed by  law ;  and  he  shall  have  and  exercise  the  powers  and 
perform  the  duties  prescribed  in  the  acts  relating  to  common 
schools.  (Laws  1879,  ch.  166,  sec.  79.) 

.  SEC.  469.  Assistant  and  Clerk.  [8915.]  The  state  superin- 
tendent shall  have  power  to  appoint  an  assistant  superin- 
tendent of  public  instruction,  who  shall  take  the  proper  oath  of 
office,  which  shall  be  filed  in  the  office  of  the  secretary  of  state ; 
and  such  assistant  shall  perform  such  duties  as  his  principal 
shall  prescribe,  not  inconsistent  with  law.  Such  assistant  shall 
be  styled  the  "assistant  state  superintendent  of  public  instruc- 
tion," and  the  state  superintendent  shall  be  responsible  for  all 
the  official  acts  of  such  assistant.  Such  superintendent  may 
also  appoint  an  additional  clerk,  who  shall  act  as  clerk  of  the 
board  of  commissioners  for  the  management  and  investment  of 
the  school  fund ;  and  such  clerk  shall  perform  such  other  duties 
as  the  superintendent  may  require,  and  for  whose  official  acts 
such  superintendent  shall  be  responsible.  (Laws  1879,  ch.  166, 
sec.  80.) 

SEC.  470.  Apportionment  of  School  Fund.  [8916.]  Such 
state  superintendent  shall  distribute  the  income  of  the  state 


168  STATE   SUPERINTENDENT.  [Ch.  30 

school  fund  and  the  annual  taxes  collected  by  the  state  for  the 
support  of  common  schools  to  those  counties  of  the  state  from 
which  the  proper  reports  have  been  received  by  said  state  super- 
intendent. Such  distribution  shall  be  made  twice  in  each  year, 
as  follows :  All  such  moneys  received  up  to  the  15th  of  Febru- 
ary shall  be  distributed  between  the  15th  and  last  day  of  such 
month,  and  that  received  up  to  the  15th  day  of  August  shall  be 
distributed  between  the  15th  and  last  day  of  such  month.  The 
apportionment  to  each  county  shall  be  made  in  proportion  to 
the  number  of  children  over  the  age  of  five  years  and  under  the 
age  of  twenty-one  years,  resident  therein,  as  shown  by  the  last 
annual  report  of  the  county  superintendent  to  the  state  super- 
intendent. (Laws  1879,  ch.  166,  sec.  81.) 

SEC.  471.  Draw  Orders.  [8917.]  Such  superintendent  shall 
draw  his  order  on  the  state  treasurer  in  favor  of  the  county 
treasurer  of  the  counties  respectively  entitled  to  school  mon- 
eys for  the  amount  of  such  moneys  apportioned  to  his  county, 
and  certify  the  amount  of  such  order  to  the  state  treasurer 
and  state  auditor,  and  also  to  the  county  clerk  and  superin- 
tendent of  the  proper  county.  (Laws  1879,  ch.  166,  sec.  82.) 

SEC.  472.  Official  Opinions.  [8918.]  Such  superintendent 
shall,  at  the  request  of  any  county  superintendent,167  give  his 
opinion,  upon  a  written  statement  of  facts,  on  all  questions  and 
controversies  arising  out  of  the  interpretation  and  construc- 
tion of  the  school  laws  in  regard  to  the  rights,  powers  and 
duties  of  school-district  boards,  school  officers,  and  county  su- 
perintendents, and  shall  keep  a  record  of  all  such  decisions. 
Before  giving  any  such  opinion,  the  superintendent  may  sub- 
mit the  statement  of  facts  to  the  attorney-general  for  his  ad- 
vice fhereon,  and  it  shall  be  the  duty  of  the  attorney-general 
forthwith  to  examine  such  statement,  and  suggest  the  proper 
decision  to  be  made  upon  such  facts.  (Laws  1879,  ch.  166, 
sec.  83.) 

SEC.  473.  School  Laws  and  Blanks.  [8919.]  Such  superin- 
tendent, not  oftener  than  once  in  two  years,  may  publish  the 
school  laws  in  force,  with  such  forms,  regulations,  instructions 
and  decisions  as  he  may  judge  expedient  thereto  annexed,  and 
shall  cause  the  same  to  be  forwarded  to  the  persons  entitled  to 
receive  them.  He  shall  prescribe  and  cause  to  be  prepared  all 
forms  and  blanks  necessary  in  the  details  of  the  common- 
school  system,  so  as  to  secure  its  uniform  operation  through- 
out the  state ;  and  shall  cause  the  same  to  be  forwarded  to  the 
several  county  superintendents,  to  be  by  them  distributed  to 
the  several  persons  or  officers  entitled  to  receive  the  same. 
(Laws  1879,  ch.  166,  sec.  84.) 

SEC.  474.  Visitation  and  Text-books.  [8920.]  It  shall  be 
the  duty  of  such  superintendent  to  visit  each  county  of  the  state 

167.  The  state  superintendent  is  required  by  law  to  render  an  opinion 
to  the  county  superintendent.  Such  opinions  should  always  be  sought 
through  the  county  superintendent. 


Ch.  30]  STATE   SUPERINTENDENT.  169 

at  least  once  in  two  years,  and  as  much  oftener  as  consistent 
with  the  discharge  of  his  other  duties,  for  the  purpose  of  ad- 
vancing and  promoting  the  cause  of  education  throughout  the 
state.  It  shall  be  his  duty  to  recommend  the  most  approved 
text-books  for  the  common  schools  of  the  state,  and  to  open 
such  correspondence  as  may  enable  him  to  obtain  all  necessary 
information  relating  to  the  system  of  common  schools  in  other 
states.  (Laws  1879,  ch.  166,  sec.  85.) 

SEC.  475.  Office.  [8921.]  Such  superintendent  shall  have 
an  office  in  the  capitol,  where  he  shall  keep  all  books  and  pa- 
pers pertaining  to  the  duties  of  his  office ;  and  all  books,  school 
and  other,  and  all  apparatus,  maps  and  charts  now  belonging 
to  the  office  of  the  state  superintendent,  and  such  as  may  here- 
after be  received  for  such  office  by  purchase,  exchange,  or 
otherwise,  shall  be  kept  and  preserved  in  such  office,  and  de- 
livered by  the  superintendent  to  his  successor.  He  shall  file 
and  carefully  preserve  in  his  office  the  official  reports  made  to 
him  by  the  county  superintendents  of  the  several  counties, 
trustees  or  directors  of  academies,  graded  schools,  or  colleges. 
(Laws  1879,  ch.  166,  sec.  86.) 

SEC.  476.  Copies  of  Papers.  [8922.]  Copies  of  all  papers 
filed  in  his  office,  and  the  record  of  his  official  acts,  may  be 
certified  by  him,  and  when  so  certified  shall  be  evidence  equally 
and  in  like  manner  as  the  originals.  (Laws  1879,  ch.  166, 
sec.  87.) 

SEC.  477.  Biennial  Report.  [8923.]  The  superintendent 
shall,  on  the  1st  day  of  December  preceding  each  regular  ses- 
sion of  the  legislature,  make  out  and  deliver  to  the  governor 
a  report  containing:  (1)  A  statement  of  the  number  of  com- 
mon schools  in  the  state,  the  number  of  scholars  attending  the 
same,  their  sex,  and  the  branches  taught;  a  statement  of  the 
number  of  private  or  select  schools  in  the  state,  so  far  as  the 
same  can  be  ascertained,  and  the  number  of  scholars  attending 
the  same,  their  sex,  and  the  branches  taught;  a  statement  of 
the  number  of  normal  schools  in  the  state,  and  the  number  of 
students  attending  them;  the  number  of  academies  and  col- 
leges in  the  state,  and  the  number  of  students,  and  their  sex, 
attending  them ;  and  such  other  matters  of  interest  as  he  may 
deem  expedient,  drawn  from  the  reports  of  the  county  super- 
intendents of  the  several  counties  in  the  state,  and  from  other 
reports  received  on  the  subject  of  education  from  trustees  or 
other  school  boards  within  the  state.  (2)  A  statement  of  the 
condition  of  the  common-school  fund  of  the  state,  including 
moneys,  school-lands  or  other  property  held  in  trust  by  the 
state  for  the  support  of  common  schools,  and  giving  a  full 
statement  of  the  school-land  account  of  each  county.  (3)  A 
statement  of  the  receipts  and  expenditures  for  the  year.  (4) 
A  statement  of  plans  for  the  management  and  improvement  of 
common  schools,  and  such  other  information  relating  to  the 
educational  interests  of  the  state  as  he  may  deem  important. 
(Laws  1879,  ch.  166,  sec.  88.) 


170 


SCHOOL  DISTRICTS. 


[Ch.  31 


CHAPTER  XXXI. — SCHOOL  DISTRICTS. 

ARTICLE  I. 


§478.    Shall   be   deemed   organized,    when. 

479.  Shall   be  a  body  corporate. 

480.  Joint     districts,     how     formed     and 

designated. 

481.  Joint-district    fund. 

482.  Annual  meeting,   when  held  ;   notice ; 

special    meetings. 

483.  When     business     of    annual    meeting 

may     be     transacted     at     special 
meeting ;  when   and   how  called. 

484.  Notice   of   district   meetings. 

485.  Who   may   vote   at   district   meetings. 

486.  How  to  proceed  when  a  voter  is  chal- 

lenged. 

487.  Powers    of    district    meetings. 


§488.    Limitation    of    levy. 

489.  District      meetings      may      determine 

length  of  school  term,   etc.  ;   when 
board  may  determine  the  same. 

490.  Schoolhouse   site    may   be   changed. 

491.  Value     of     schoolhouse,     how     deter- 

mined. 

492.  Schoolhouse  site  may   be  condemned, 

when   and   how. 

493.  Schoolhouse  site  acquired  from  school 

lands. 

494.  Territory     annexed     to     city     by     ex- 

tension  of   limits. 

495.  Duty    of    county    superintendent. 

496.  Appeal  to  commissioners. 


SECTION  478.  Organization.  [7396.]  Every  school  district 
shall  be  deemed  duly  organized  when  the  officers  constituting 
the  district  board  shall  have  been  elected  and  qualified,  and 
shall  have  signified  their  acceptance  to  the  county  superin- 
tendent in  writing,  which  the  superintendent  shall  file  in  his 
office.168  (Laws  1876,  ch.  122,  art.  3,  sec.  1.) 

SEC.  479.  Body  corporate.  [7397.]  Every  school  district 
organized  in  pursuance  of  this  act  shall  be  a  body  corporate, 
and  shall  possess  the  usual  powers  of  a  corporation  for  public 
purposes,  by  the  name  and  style  of  school  district  No.  — 
(such  a  number  as  may  be  designated  by  the  county  super- 
intendent),   county  (the  name  of  the  county  in  which  the 

district  is  situated),  state  of  Kansas,  and  in  that  name  may 
sue  and  be  sued,  and  be  capable  of  contracting  and  being  con- 
tracted with,  and  holding  such  real  and  personal  estate  as  it 
may  come  into  possession  of  by  will  or  otherwise,  or  as  is 
authorized  to  be  purchased  by  the  provisions  of  this  act. 
(Laws  1876,  ch.  122,  art.  3,  sec.  2.) 

SEC.  480.  Joint  Districts.  [7398.]  When  it  shall  become 
necessary  to  form  a  school  district  lying  partly  in  two  or 
more  counties,  the  county  superintendents  of  the  counties  in 
which  the  said  tract  of  country  shall  be  situated,  when  applica- 
tion shall  be  made  in  writing  to  any  one  of  them  by  five  house- 
holders resident  therein,  shall,  if  by  them  deemed  necessary, 
meet  and  proceed  to  lay  off  and  form  the  same  into  a  school 
district,  issue  notices  for  the  first  district  meeting,  and  shall 
file  the  proper  papers  in  their  respective  offices ;  and  such  dis- 
trict so  organized  shall  be  designated  joint  district  No.  , 

counties  of ;  and  the  boundaries  of  such  district  shall  not 

be  altered  except  by  the  joint  action  of  the  superintendents  of 

168.  Officers  elected  at  the  first  district  meeting  hold  only  until  the 
next  annual  election. 


Ch.  31]  SCHOOL  DISTRICTS.  171 

the  several  counties  represented  in  said  district;169  provided, 
that  if  in  the  alteration  of  or  refusal  to  alter  the  boundaries  of 
any  joint  school  district,  any  person  or  persons  shall  feel  ag- 
grieved, such  person  or  persons  may  appeal  to  the  state  super- 
intendent of  public  instruction,169  and  notice  of  such  appeal 
shall  be  served  on  the  superintendents  of  the  several  counties 
represented  in  said  district  within  ten  days  after  the  rendition 
by  them  of  the  decision  appealed  from,  which  notice  shall  be  in 
writing,  and  shall  state  fully  the  objections  to  the  action  of 
the  county  superintendent,  and  a  copy  thereof  shall  be  filed 
with  the  state  superintendent  of  public  instruction;  and  it 
shall  be  the  duty  of  the  county  superintendent  in  whose  pos- 
session are  the  papers  connected  with  the  action  appealed  from 
to  transmit  the  same  to  the  state  superintendent  of  public  in- 
struction, immediately  upon  being  served  with  notice  of  appeal, 
as  hereinbefore  presented ;  and  thereupon  the  state  superintend- 
ent of  public  instruction  shall  fix  a  time  for  the  hearing  of  said 
appeal,  and  notify  the  several  county  superintendents  in- 
terested, and  the  appellants,  thereof;  and  his  decision  on  said 
appeal  shall  be  final,  and  shall  be  by  him  certified  to  the  several 
county  superintendents  interested,  and  they  shall  take-  action 
in  accordance  therewith;  and  provided  further,  that  each  joint 
district,  except  in  matters  relating  to  the  alteration  of  the 
boundaries  thereof,  shall  be  under  the  jurisdiction  and  control 
of  the  superintendent  of  that  one  of  the  counties  represented 
in  such  district  which  has  the  largest  amount  of  territory  em- 
braced within  the  boundaries  of  such  joint  district.  (Laws 
1879,  ch.  158,  sec.  1.) 

SEC.  481.  Joint-district  Fund.  [7399.]  Whenever  it  shall 
appear  that  any  school  district  in  this  state  lies  or  is  in  two 
or  more  counties  it  shall  be  the  duty  of  the  treasurer  of  the 
county  or  counties  having  the  smaller  amount  of  territory  in 
said  district  to  transfer  to  the  treasurer  of  the  county  having 
the  greater  amount  of  territory  of  said  district,  before  the  10th 
day  of  January,  1st  day  of  July  and  20th  day  of  September 
of  each  year,  all  moneys  in  his  hands  belonging  to  said  dis- 
trict, including  all  money  for  the  payment  of  bonds  or  inter- 
est on  bonds  of  said  district;  and  the  treasurer  receiving  said 
money  shall  issue  therefor  and  forward  to  the  treasurer  so 
sending  the  money  receipts  in  triplicate,  one  of  which  said 
treasurer  shall  file  with  the  county  clerk  of  the  county,  and 
the  board  of  county  commissioners  thereof  shall  give  said 
treasurer  proper  credit  therefor.  One  of  said  receipts  shall 

169.  Division  of  Joint  District.  A  joint  district  cannot  be  divided  on 
the  county  line,  thus  forming  two  districts,  one  in  each  county.  Such 
action  would  involve  the  disorganization  of  a  joint  school  district,  which 
a  county  superintendent  is  not  authorized  to  do,  except  in  special  cases 
provided  for  by  law.  There  is  no  appeal  in  the  formation  or  refusal  to 
form  a  joint  district. 


172  SCHOOL  DISTRICTS.  [Ch.  31 

be  sent  to  the  county  clerk  of  the  county  to  which  the  money 
was  sent,  who  shall  charge  the  county  treasurer  with  the 
amount  thereof.  (Laws  1889,  ch.  226,  sec.  1.) 

SEC.  482.  Annual  and  Special  Meetings.  [Laws  1911,  ch. 
283,  sec.  1.]  That  an  annual  school  meeting  of  each  school  dis- 
trict, of  each  consolidated  school  district,  of  each  union  or 
graded  school  district,  and  of  each  school  district  for  which 
the  date  of  the  annual  meeting  has  been  fixed  by  a  special  act 
of  the  legislature,  shall  be  held  on  the  second  Friday  in  April 
in  each  year,  at  two  o'clock  P.  M.  Notice  of  the  time  and  place 
of  said  annual  meeting  shall  be  given  by  the  clerk  by  posting 
written  or  printed  notices  in  three  public  places  within  the 
district  at  least  ten  days  before  said  meeting.170  Special  meet- 
ings may  be  called  by  the  district  board  or  upon  a  petition 
signed  by  ten  legal  voters  of  the  district,  but  notice  of  such 
special  meeting,  stating  the  purpose  for  which  it  is  called, 
shall  be  posted  in  at  least  three  public  places  within  such  dis- 
trict ten  days  previous  to  the  time  of  such  meeting;  provided, 
that  the  annual  school  meeting  for  union  or  graded  school 
districts  comprising  the  territory  of  ^wo  or  more  school  dis- 
tricts shall  be  held  at  two  o'clock  P.  M.  on  the  Thursday  im- 
mediately preceding  the  second  Friday  in  April  in  each  year. 

SEC.  483.  Special  Meetings.  [7403.]  Whenever  the  time 
for  holding  an  annual  meeting  in  any  district  shall  pass  with- 
out said  meeting  being  held,  the  clerk,  or,  in  his  absence,  any 
other  member  of  the  district  board,  within  twenty  days  after 
the  time  for  holding  said  annual  meeting  shall  have  passed, 
may  give  notice  of  a  special  meeting,  by  putting  up  written 
notices171  thereof  in  three  public  places  within  the  district,  at 
least  five  days  previous  to  the  time  of  meeting;  but  if  such 
meeting  shall  not  be  notified  within  twenty  days  as  afore- 
said, the  county  superintendent  may  give  notice  of  such  meet- 
ing in  the  manner  provided  for  forming  new  districts;  and 
the  officers  chosen  at  such  special  meeting  shall  hold  their 
offices  until  the  next  annual  meeting,  and  until  their  succes- 
sors are  elected  and  qualified.  (Laws  1876,  ch.  122,  art.  3, 
sec.  7.) 

SEC.  484.  Notice  of  Meetings.  [7404.]  It  shall  be  the  duty 
of  the  clerk  to  give  at  least  ten  days'  notice  previous  to  any 
annual  or  special  district  meeting,  by  posting  up  notices 
thereof  at  three  or  more  public  places  in  the  district,  one  of 
which  notices  shall  be  affixed  to  the  outer  door  of  the  school- 
house,  if  there  be  one  in  the  district,  and  said  clerk  shall 
give  the  like  notice  of  every  adjourned  meeting,  when  such 

170.  A  failure  on  the  part  of  the  district  clerk  to  post  the  notices  of  the 
time  and  place  of  the  annual  meeting  will  not  invalidate  the  proceed- 
ings of  said  meeting. 

171.  Notices  of  special  meetings  must  be  posted  as  required  by  law. 
A  failure  to  so  post  them  will  invalidate  the  action  of  the  meeting. 


Ch.  31]  SCHOOL  DISTRICTS.  173 

meeting  shall  have  been  adjourned  for  a  longer  period  than 
one  month.  Every  notice  for  a  special  district  meeting  shall 
specify  the  objects  for  which  such  meeting  is  called,  and  no 
business  shall  be  acted  upon  at  any  special  meeting  not  speci- 
fied in  said  notice.  (Laws  1876,  ch.  122,  art.  3,  sec.  8.) 

SEC.  485.  Qualified  Voters.  [7405.]  The  following  persons 
shall  be  entitled  to  vote  at  any  district  meeting:  (1)  All  per- 
sons possessing  the  qualifications  of  electors  as  defined  by 
the  constitution  of  the  state,  and  who  shall  have  been  in  good 
faith  residents  of  the  district  for  thirty172  days  next  prior  to 
the  time  of  offering  to  vote  at  said  election.  (2)  All  female 
persons  over  the  age  of  twenty-one  years,  not  subject  to  the 
disqualifications  named  in  section  2,173  article  5,  of  the  con- 
stitution of  the  state,  and  who  shall  be  residents  in  good  faith 
in  the  district  for  thirty  days  next  prior  to  the  time  of  offer- 
ing to  vote  at  said  election.174  (Laws  1889,  ch.  123,  sec.  1.) 

SEC.  486.  Challenge.  [7406.]  If  any  person  offering  to  vote 
at  a  school-district  meeting  shall  be  challenged  as  unqualified 
by  any  legal  voter,  the  chairman  presiding  shall  declare  to 
the  person  challenged  the  qualifications  of  a  voter,  and  if  such 
challenge  be  not  withdrawn,  the  chairman,  who  is  hereby 
authorized,  shall  tender  to  the  person  offering  to  vote 
the  following  oath  or  affirmation :  "You  do  solemnly  swear 
(or  affirm)  that  you  are  an  actual  resident  of  this  school  dis- 
trict, and  that  you  are  qualified  by  law  to  vote  at  this  meeting." 
Any  person  taking  such  oath  or  affirmation  shall  be  entitled 
to  vote  on  all  questions  voted  upon  at  such  meeting.  (Laws 
1876,  ch.  122,  art.  3,  sec.  10.) 

SEC.  487.  Powers  of  District  Meeting.  [7407.]  The  in- 
habitants qualified  to  vote  at  a  school  meeting  lawfully  as- 
sembled shall  have  power:  First  to  appoint  a  chairman  to 
preside  over  said  meeting  in  the  absence  of  the  director; 
second,  to  adjourn  from  time  to  time;175  third,  to  choose  a 

172.  Voters  who  have  come  into  a  district  by  reason  of  attachment  of 
territory  to  said  district,  by  disorganization  of  said  voters'  original  dis- 
trict by  any  legal  process,  retain  all  rights  of  suffrage  at  school  elections 
and  meetings,  regardless  of  the  thirty-day  restriction. 

173.  See  section  171,  General  Statutes  of  1909. 

174.  Naturalization.   A  woman  of  foreign  birth  who  is  the  wife  of  a 
naturalized  foreigner,  but  who  has  not  herself  taken  out  naturalization 
papers,  is  entitled  to  vote  at  any  school-district  meeting,  provided  she 
possesses  the  other  necessary  qualifications.     The  naturalization  of  the 
husband  naturalizes  the  wife  and  all  children  who  are  under  the  age  of 
twenty-one  years. 

175.  Adjournment.    A  district  meeting  has  the  right  to  adjourn  from 
time  to  time,  and  if  an  adjournment  is  taken  to  a  particular  time,  any 
business  can  be  transacted  at  this  adjourned  session  that  might  have 
been  transacted  at  the  regular  meeting.    No  additional  notice  is  necessary, 
unless  the  meeting  shall  have  been  adjourned  for  a  longer  period  than 
one  month.     (See  sec.  427.) 


174  SCHOOL  DISTRICTS.  [Ch.  31 

director,  clerk  and  treasurer,  who  shall  possess  the  qualifica- 
tions of  voters ;  fourth,  to  designate  by  vote  a  site  for  a  dis- 
trict schoolhouse ;  fifth,  to  vote  a  sum  annually,  not  exceeding 
the  limit  fixed  by  law,176  as  the  meeting  shall  deem  sufficient, 
for  the  various  school  purposes177  and  for  the  payment  of  any 
floating  indebtedness  of  the  district,  and  distribute  the  amount 
as  the  meeting  shall  deem  proper  in  the  payment  of  teachers' 
wages  and  to  purchase  or  lease  a  site  (provided,  when  not  in- 
cluded within  the  limits  of  a  town  or  village,  said  site  shall 
not  contain  less  than  one  acre),  and  to  build,  hire  or  purchase 
such  schoolhouse,178  and  to  keep  in  repair  and  furnish  the  same 
with  the  necessary  fuel  and  appendages,  and  to  pay  any  float- 
ing indebtedness  of  the  school  district ;  sixth,  to  authorize  and 
direct  the  sale  of  any  schoolhouse,  site  or  other  property  be- 
longing to  the  district  when  the  same  shall  not  longer  be  need- 
ful for  the  use  of  the  district ;  seventh,  to  give  such  direction 
and  make  such  provision  as  may  be  deemed  necessary  in  rela- 
tion to  prosecution  or  defense  of  any  suit  or  proceedings  in 
which  the  district  may  be  a  party.179  (Laws  1909,  ch.  214, 
sec.  1.) 

SEC.  488.  Limitation  of  Levy.  [9417.]  The  authority  of 
the  qualified  voters  of  any  school  district  at  the  annual  meeting, 
as  provided  in  chapter  318,  Laws  of  1907,  to  vote  a  tax  for 
general  school  purposes  is  hereby  limited  to  the  extent  that  no 
tax  shall  be  voted  for  such  purpose  at  any  such  meeting  which 
shall  be  in  excess  of  three  and  one-half  mills*  upon  the  dollar  of 
all  the  taxable  property  of  any  such  school  district  ;180  provided, 
that  in  no  event  shall  any  school  district  levy  any  greater  tax 
than  is  reasonably  necessary  for  the  ensuing  school  year.181 
(Laws  1909,  ch.  245,  sec.  1.) 

SEC.  489.  School  Term.  [7408.]  The  qualified  voters  at 
each  annual  meeting,  or  any  special  meeting  duly  called,  may 

176.  Limited  to  four  and  one-half  mills,  Laws  1911,  ch.  268,  sec.  2 
(sections  169  and  488  of  this  book) .   For  means  of  increasing  this  amount, 
see  Laws  1909,  ch.  245,  sec.  27  (section  346  of  this  book).   The  levy  must 
be  made  in  money  and  not  in  mills. 

177.  More  than  one  school  may  be  established  within  a  school  district. 

178.  A  tax  may  also  be  levied  for  the  purpose  of  purchasing  a  district 
library.     (See  section  349  of  this  book.) 

179.  Australian  Ballot.    The  Australian-ballot  law  does  not  apply  to 
elections  in  school-district  meetings. 

180.  See  section  346  for  authority  to  increase  the  levy  above  3^  mills. 

181.  The  school  district  meeting  is  the  judge  as  to  the  tax  that  is  rea- 
sonably necessary,  and  not  the  county  clerk  or  the  county  commissioners. 

*  Section  169  of  this  book  changed  the  maximum  amount  of  money 
four  "  ^^  ^  tO  *»  amOUnt  that  wlU  nOt  6XCeed 


Ch.  31]  SCHOOL  DISTRICTS.  175 

determine  the  length  of  time  a  school  shall  be  taught  in  their 
district  for  the  ensuing  year,  which  shall  not  be  less  than  three 
months,  and  whether  the  school  money  to  which  the  district 
may  be  entitled  shall  be  applied  to  the  support  of  the  summer 
or  winter  term  of  school  or  a  certain  portion  of  each;  but  if 
such  matters  shall  not  be  determined  at  the  annual  or  any 
special  meeting,  it  shall  be  the  duty  of  the  district  board  to 
determine  the  same.182  (Laws  1903,  ch.  436,  sec.  1.) 

SEC.  490.  Change  of  Site.183  [7409.]  That  school  districts 
having  schoolhouses  the  value  of  which  is  not  less  than  $400, 
the  schoolhouse  site  shall  not  be  changed  except  by  a  vote  of  at 
least  two-thirds  of  the  legal  voters  of  such  district  in  favor  of 
such  change;  and  in  districts  where  the  value  of  the  school- 
house  is  less  than  $400,  the  schoolhouse  site  shall  not  be 
changed  except  by  a  vote  of  a  majority  of  the  legal  voters  of 
the  district  in  favor  of  such  change.  (Laws  1903,  ch.  428, 
sec.  1.) 

SEC.  491.  Appraisement.  [7410.]  The  value  of  school- 
houses  in  districts  desiring  to  change  the  schoolhouse  site  shall 
be  determined  by  three  appraisers  appointed  by  the  county 
commissioners.  (Laws  1903,  ch.  428,  sec.  2.) 

SEC.  492.  Site  Condemned.184  [7411.]  In  case  any  school 
district  or  the  board  of  education  of  any  city  of  the  second 
class  cannot  by  purchase  at  reasonable  rates,  or  by  donation 
or  otherwise,  obtain  title  to  the  site  selected  by  such  school 
district;  or  if  it  be  deemed  advisable  by  such  school  district 
or  by  the  district  board  to  add  other  ground  to  any  school- 
house  site  already  selected;  or  if,  in  good  faith,  but  by  mis- 
take or  otherwise,  a  schoolhouse  has  been  or  shall  be  erected 
wholly  or  partially  upon  any  land  or  lot  to  which  said  school 
district  at  the  time  of  the  erection  of  such  school  building,  or 
any  addition  thereto,  had  not  acquired  title,  then,  and  in  any 
such  cases,  upon  the  written  application  of  the  district  board 
of  such  school  district,  or  a  majority  of  the  board,  it  shall  be 
the  duty  of  the  probate  judge  of  the  county  in  which  such 
school  district  is  situated  to  appoint  three  disinterested  free- 
holders of  such  county,  and  not  residents  of  such  school  dis- 
trict, to  condemn  and  appraise  such  site,  or  addition  thereto; 
and  in  case  such  land  or  lot  so  condemned  and  appraised  shall 
be  an  original  selection  for  a  schoolhouse  site,  the  amount  so 
condemned  and  appraised  shall  not  exceed  one  and  one-half 

182.  The  electors,  at  the  annual  or  a  special  meeting,  have  no  power 
to  determine  who  shall  or  who  shall  not  be  employed  as  teacher,  or  the 
compensation  such  teacher  shall  receive.     These  are  questions  to  be  de- 
termined by  the  district  board.. 

183.  The  vote  to  locate  the  school  site  after  it  has  been  changed  re- 
quires only  a  majority  of  those  voting  on  the  proposition. 

184.  See  sections  381  to  386  of  this  book. 


176 


SCHOOL  DISTRICTS.  [Ch.  31 


acres ;  and  if  it  be  for  an  addition  to  an  existing  site,  the  ad- 
ditional amount  condemned  and  appraised  shall  not,  with  the 
original  site,  exceed  one  and  one-half  acres.  Immediately 
after  their  appointment,  such  appraisers  shall  proceed,  and 
condemn  and  appraise  the  value  of  the  site  so  selected,  or  the 
addition  to  such  existing  site.  And  they  .shall,  within  ten 
days  thereafter,  make  and  sign  a  report  describing  the  land 
or  lot  so  condemned,  the  purpose  for  which  it  was  so  con- 
demned, and  the  appraised  value  thereof,  which  report  shall 
be  by  them  filed  in  the  office  of  the  register  of  deeds  of  the 
county  in  which  such  land  or  lot  is  situated,  and  by  such  reg- 
ister duly  recorded,  as  other  instruments  of  writing  affecting 
the  title  to  real  estate  are  recorded.  In  appraising  any  school- 
house  site,  or  addition  thereto,  to  which  such  school  district 
had  not  title  at  the  time  of  erecting  any  schoolhouse,  or  addi- 
tion thereto,  thereon,  said  appraisers  shall  exclude  from  their 
appraisement  the  value  of  such  schoolhouse,  or  addition,  and 
appraise  such  land  or  lot  at  its  value,  exclusive  of  such  build- 
ing, addition  or  other  improvement  placed  thereon  in  good 
faith,  but  by  mistake  of  said  school  district  or  said  school- 
district  board.  Within  thirty  days  after  the  report  of  said 
appraisers  is  filed  in  the  office  of  the  register  of  deeds,  the  dis- 
trict board  of  such  school  district  shall  pay  to  the  county 
treasurer  of  the  county  in  which  such  condemned  land  or  lot  is 
situate,  for  the  use  of  the  owner  of  such  lands  or  lot,  the 
amount  of  the  appraised  value  thereof,  and  also  fifty  cents  for 
said  register  of  deeds  for  recording  said  report.  And  upon 
such  payment  being  made  to  such  county  treasurer  by  such 
district  board,  the  title  to  such  site  or  addition  thereto  shall 
vest  in  such  school  district.  Either  party,  the  owner  of  the  land 
or  lot  condemned  or  the  school  district,  may  appeal  from  such 
appraisement  to  the  district  court,  in  the  same  time  and  man- 
ner that  appeals  are  taken  from  the  judgments  of  justices  of 
the  peace  in  civil  actions.  (Laws  1885,  ch.  174,  sec.  1.) 

SEC.  493.  Schoolhouse  Site  Acquired  from  School-lands. 
[7653.]  Any  school  district  shall  be  entitled  to  purchase  and 
acquire  for  schoolhouse  site  not  exceeding  two  acres  of  any 
school-lands  situated  in  such  district,  but  such  tract  shall  be 
situated  on  one  of  the  boundary-lines  of  the  section  or  cross- 
center  lines  thereof.  The  price  to  be  paid  for  such  land  by  the 
said  school  district  shall  be  two  dollars  an  acre,  and  upon  pres- 
entation to  the  county  clerk  of  a  petition  signed  by  a  majority 
of  the  legal  voters  of  the  school  district,  and  the  payment  of 
the  purchase-price  to  the  county  treasurer,  the  county  clerk 
shall  issue  the  said  school  district  a  certificate  of  purchase. 
Upon  the  presentation  of  said  certificate  of  purchase  to  the 
auditor  of  state  he  shall  cause  to  be  issued  a  patent  for  said 
land,  but  said  certificate  of  purchase  and  said  patent  shall  re- 
cite that  upon  the  failure  of  said  school  district  to  use  said  land 


Ch.  31]  SCHOOL  DISTRICTS.  177 

for  school  purposes  the  title  thereof  shall  be  forfeited  and  re- 
vert to  the  state  of  Kansas.  (Laws  1909,  ch.  218,  sec.  8.) 

SEC.  494.  Territory  Annexed  to  City.  [7762.]  When  all 
the  territory  of  a  school  district  shall  become  annexed  to  a  city 
of  the  first  or  second  class  by  the  extension  of  the  boundaries 
of  the  city,  all  the  school  property,  including  moneys  on  hand 
and  due  to  said  district,  together  with  all  records  and  papers 
belonging  to  said  district  board,  shall  be  transferred  to,  and 
the  title  vested  in,  the  board  of  education  of  such  city,  and  said 
board  of  education  shall  assume  and  be  held  responsible  for  the 
legitimate  floating  and  bonded  indebtedness  of  such  annexed 
district.  (Laws  1893,  ch.  128,  sec.  1.) 

SEC.  495.  Duty  of  County  Superintendent.  [7763.]  When, 
by  the  extension  of  the  limits  of  any  city  of  the  first  or  second 
class,  a  part  of  the  territory  of  an  adjacent  district  is  annexed 
to  such  city,  it  shall  be  the  duty  of  the  county  superintendent 
to  determine  the  present  value  of  all  the  school  property  of  such 
district,  also  all  moneys  due  to  or  in  the  hands  of  the  district 
treasurer,  and  to  equitably  apportion  the  amount  due  the  dis- 
trict board,  or  board  of  education,  as  the  case  may  be.  The 
amount  due  to  the  district  board  or  board  of  education  of  such 
city,  when  ascertained  by  the  county  superintendent,  shall  be 
levied  upon  the  taxable  property  of  that  district  or  corporation 
found  to  be  in  debt,  and  shall  be  collected  in  the  same  manner 
as  if  the  same  had  been  authorized  by  the  vote  of  the  district 
board  or  by  the  board  of  education  of  such  city,  and  when  col- 
lected it  shall  be  paid  to  the  treasurer  of  that  district  or  board 
of  education  to  which  it  is  due.  The  board  of  education,  or  the 
district  board  retaining  the  schoolhouse,  shall  assume  the 
bonded  indebtedness  incurred  in  building  and  furnishing  such 
schoolhouse.  All  unadjusted  claims  of  city  and  school  districts 
arising  from  such  annexation  previous  to  the  passage  of  this 
act  shall  be  adjusted  in  accordance  with  provisions  of  this  sec- 
tion. (Laws  1893,  ch.  128,  sec.  2.) 

SEC.  496.  Appeal.  [7764.]  If,  in  the  adjustment  of  school 
property  where  a  part  of  a  school  district  has  been  annexed  to 
a  city  of  the  first  or  second  class,  any  person  or  persons  shall 
feel  aggrieved  by  the  decision  rendered  by  the  county  superin- 
tendent, an  appeal  may  be  taken  to  the  board  of  county  com- 
missioners; but  a  notice  of  such  appeal  must  be  served  upon 
the  county  superintendent  in  writing  within  ten  days  after  the 
rendition  of  his  decision  in  adjusting  the  rights  of  the  school 
district  and  the  city  school  district.  Such  notice  shall  state 
fully  the  objections  to  the  action  of  the  county  superintendent, 
a  copy  of  which  shall  be  filed  with  the  county  clerk,  and  also 
with  the  clerk  of  the  district,  or  with  the  secretary  of  the  board 
of  education,  as  the  case  may  be,  affected  by  such  decision. 
Such  appeal  shall  be  heard  and  decided  by  a  majority  of  the 
board  of  county  commissioners  at  their  next  regular  meeting, 
and  their  decision  shall  be  final.  (Laws  1893,  ch.  128,  sec.  3.) 


178 


SCHOOL  DISTRICTS — UNION   OR  GRADED.  [Ch.  31 


ARTICLE  II. — UNION  OR  GRADED-SCHOOL  DISTRICTS.185 

NOTE. — A  union  or  graded  school  is  to  be  distinguished  from  a  con- 
solidated school  provided  for  by  chapter  VII. 


§497.    Graded    schools,    how    established. 

498.  Powers  and  duties  of  directors. 

499.  Union    district    entitled    to    share    of 

school  funds. 

500.  May   levy   taxes. 

501.  Shall     receive     its     share     of     school 

moneys. 


§502.    Duties   of  clerk   of  union   district. 

503.  Duties  of  treasurer  of  union  district. 

504.  Public    schools    in   cities   shall   receive 

their  share  of  public-school  funds, 
on  what  condition. 

505.  Any     single     district     may     establish 

graded    schools. 


SECTION  497.  How  Formed.  [7535.]  Whenever  the  inhabi- 
tants of  two  or  more  school  districts  may  wish  to  unite  for 
the  purpose  of  establishing  a  graded  school  in  which  instruc- 
tion shall  be  given  in  the  higher  branches  of  education, 
the  clerks  of  the  several  districts  shall,  upon  a  written  appli- 
cation of  five  voters  of  the  respective  districts,  call  a  meeting 
of  the  voters  of  such  districts  at  some  convenient  place,  by 
posting  up  written  notices  thereof  in  like  manner  as  provided 
for  calling  district  meetings;  and  if  a  majority  of  the  voters 
in  each  of  the  two  or  more  districts  shall  vote  to  unite  for 
the  purpose  herein  stated,  they  shall,  at  that  meeting  or  at  an 
adjourned  meeting,  elect  a  board  of  directors,  consisting  of 
a  director,  clerk,  and  treasurer.  (Laws  1876,  ch.  122,  art.  7, 
sec.  1.) 

SEC.  498.  Duties  of  Board.  [7536.]  The  board  of  directors 
provided  in  the  preceding  section  shall,  in  all  matters  relating 
to  the  graded  schools,  possess  all  the  powers  and  discharge  all 
the  like  duties  of  the  district  board  of  directors,  as  prescribed 
in  this  act.  (Laws  1876,  ch.  122,  art.  7,  sec.  2.) 

SEC.  499.  School  Funds.  [7537.]  The  union  district  thus 
formed  shall  be  entitled  to  an  equitable  share  of  the  school 
funds,  to  be  drawn  from  the  treasurer  of  each  district  so 
uniting  in  proportion  to  the  number  of  children  attending 
the  said  graded  school  for  each  district.  (Laws  1876,  ch. 
122,  art.  7,  sec.  3.) 

SEC.  500.  Levy  Taxes.  [7538.]  The  said  union  district  may 
levy  taxes  for  the  purpose  of  purchasing  a  building  or  furnish- 
ing proper  buildings  for  the  accommodation  of  the  school,  or 
for  the  purpose  of  defraying  necessary  expenses  and  paying 
teachers,  but  shall  be  governed  in  all  respects  by  the  law 
herein  provided  for  levying  and  collecting  district  taxes. 
(Laws  1876,  ch.  122,  art.  7,  sec.  4.) 

SEC.  501.   Apportionment.    [7539.]    The  clerk  of  the  union 

185.  The  individual  districts  may  still  conduct,  their  usual  district 
schools  but  be  a  part  of  the  union  district  for  instruction  in  the  higher 
branches.  The  plan  is  virtually  a  central  high  school.  A  resolution 
adopted  at  an  annual  meeting  or  at  a  special  meeting  called  for  the  pur- 
pose is  necessary  before  a  graded  school  is  subject  to  the  provisions  of 
this  act.  Other  graded  schools  are  not  governed  by  the  provisions  of 
this  act. 


Ch.  31]  SCHOOL  DISTRICTS — UNION   OR  GRADED. 

district  shall  report  in  writing  to  the  treasurer  of  each  school 
district  uniting  in  the  union  district  the  number  of  scholars 
attending  the  graded  school  from  his  district,  their  sex,  and 
the  branches  studied;  and  the  said  district  treasurer  shall 
apportion  the  amount  of  school  money  due  the  union  district, 
and  pay  the  same  over  to  the  treasurer  of  the  union  district 
on  order  of  the  clerk  and  director  thereof.  (Laws  1876,  ch. 
122,  art.  7,  sec.  5.) 

SEC.  502.  Clerk.  [7540.]  The  clerk  of  the  union  district 
shall  make  a  report  to  the  county  superintendent  of  public 
instruction,  and  discharge  all  the  duties  of  clerk  in  like  man- 
ner as  clerk  of  the  district.  (Laws  1876,  ch.  122,  art.  7,  sec.  6.) 

SEC.  503.  Treasurer.  [7541.]  The  treasurer  of  the  union 
district  shall  perform  all  the  duties  of  treasurer  as  prescribed 
in  this  act,  in  like  manner  as  the  district  treasurer.  (Laws 
1876,  ch.  122,  art.  7,  sec.  7.) 

SEC.  504.  Apportionment  to  Cities.  [7542.]  The  public 
schools  of  any  city,  town,  or  village,  which  may  be  regulated 
by  special  law  set  forth  in  the  charter  of  said  city,  town,  or 
village,  shall  be  entitled  to  receive  their  proportion  of  the 
public-school  fund;  provided,  the  clerk  of  the  board  of  edu- 
cation in  such  city,  town  or  village  shall  make  due  report, 
within  the  time  and  manner  prescribed  in  this  act,  to  the 
county  superintendent  of  public  instruction.  (Laws  1876,  ch. 
122,  art.  7,  sec.  8.) 

SEC.  505.  Single  District.  [7543.]  Any  single  district  shall 
possess  power  to  establish  graded  schools,  subject  to  the  pro- 
visions of  this  article,  in  like  manner  as  two  or  more  districts 
united;  provided,  however,  the  regular  district  board  of 
directors  of  the  district  shall  have  the  power  and  shall  have 
the  management  of  the  schools  of  the  district  and  grade  them 
in  accordance  with  the  action  of  the  annual  district  meeting, 
and  employ  teachers  and  do  all  things  pertaining  to  the  union 
graded  schools,  without  an  additional  board  of  directors, 
where  a  single  district  composes  the  union  graded-school  dis- 
trict; and  provided  further,  that  the  director,  clerk  and  treas- 
urer of  the  regular  district  board  shall  possess  all  the  powers 
to  manage  the  union  graded-school  district  when  a  single 
district  composes  the  union  graded-school  district  as  the 
director,  clerk  and  treasurer  have  in  union  or  graded-school 
districts  composed  of  two  or  more  districts.  (Laws  1907,  ch. 
331,  sec.  I.) 


180 


SCHOOL-FUND   COMMISSIONERS. 


[Ch.  32 


CHAPTER  XXXII.— SCHOOL-FUND  COMMISSIONERS. 


§506. 

507. 
508. 
509. 
510. 
511. 
512. 
613. 
514. 

515. 


518. 
519. 


520. 


521. 
522. 


Board  of  School-fund  Commission- 
ers, how  composed  and  organized. 

Meetings. 

Record  of  School-fund  Commissioners. 

Register  of  bonds  offered  and  bought. 

Investment  of  funds. 

Quorum. 

Record  of  the  condition  of  funds. 

Where  the  records  shall  be  kept. 

Orders  to  be  drawn  in  payment  for 
bonds  purchased. 

The  state  treasurer  shall  be  the  cus- 
todian of  funds  and  securities  be- 
longing to  state  permanent  school, 
State  Agricultural,  State  Normal 
School  and  State  University  funds. 

Separate   accounts. 

The  commissioners  shall  collect  mon- 
eys due  different  funds. 

Must   sell   bonds   to    commission. 

May  purchase  below  par  or  at  lower 
interest. 

Office  of  loan  commissioner  of  State 
Agricultural  College  abolished. 

Compensation    of    board. 

Where  person  dies  without  heir  and 
will,  county  superintendent  may 
file  petition  in  probate  court. 


§523.    Probate  court  to  order  sale  of  estate 
described    in    petition. 

524.  Proceeds  of  sale  paid  through  county 

treasurer     into     state     permanent 
school   fund. 

525.  All    bonds    belonging    to    state    per- 

manent school  fund  shall  be  con- 
solidated,  how. 

526.  Consolidated     bonds    shall     be    regis- 

tered. 

527.  Registration   of  bonds. 

528.  Registration   of  bonds. 

529.  State   treasurer's   statement   to   state 

auditor. 

530.  Cancellation   of   bonds   paid. 

531.  Comparison     of     registers     kept     by 

auditor  and  treasurer. 

532.  Penalty     for     delinquency     of     state 

treasurer. 

533.  Exchange   of   bonds. 

534.  How      funding      bonds     are     to      be 

stamped. 

535.  Record  of  proceedings. 


SECTION  506.  School-fund  Commissioners.  [8939.]  The 
state  superintendent  of  public  instruction,  secretary  of  state 
and  attorney-genera]  shall  constitute  a  board  of  commissioners 
for  the  management  and  investment  of  the  state  permanent 
school,  .State  Normal  School  and  State  University  funds.  Such 
board  shall  be  organized  as  follows:  The  secretary  of  state 
shall  be  the  president  of  such  board,  and  the  state  superintend- 
ent of  public  instruction  shall  be  the  secretary  thereof.  In 
the  absence  of  either  of  said  officers,  the  attorney-general  shall 
act  as  president,  or  as  secretary,  as  the  case  may  require.  Such 
commissioners,  when  acting  as  such,  must  act  personally.  No 
member  thereof  can  be  represented  in  such  board  by  any  as- 
sistant or  clerk  in  the  office  of  which  such  member  is  the  chief 
officer.  (Laws  1879,  ch.  166,  sec.  113.) 

SEC.  507.  Meetings.  [8940.]  Such  board  of  commissioners 
shall  meet  regularly  in  the  office  of  the  state  superintendent  of 
public  instruction,  on  the  last  Saturday  of  each  month,  at  ten 
o'clock  A.  M.  Special  meetings  of  the  board  may  be  held  at  any 
time  at  the  call  of  any  member.  (Laws  1879,  ch.  166,  sec.  114.) 

SEC.  508.  Records.  [8941.]  Said  commissioners  shall  keep 
in  a  suitable  book  a  full  and  correct  record  of  all  their  pro- 
ceedings at  every  session  of  the  board,  which  shall  include  all 
of  the  matters  required  to  be  recorded  as  hereinafter  specified 
in  this  act,  and  which  record,  at  the  close  of  each  session,  shall 
be  signed  by  the  president  and  secretary.  (Laws  1905,  ch. 
472,  sec.  1.). 


€h.  32]  SCHOOL-FUND   COMMISSIONERS.  181 

SEC.  509.  Record  of  Bonds  Offered  and  Bought.  [8942.] 
They  shall  also  keep  such  other  books  as  may  be  necessary  to 
properly  register  and  describe  all  bonds  offered  to  them  and 
all  bonds  bought  by  them  for  the  benefit  of  the  permanent 
.school,  State  Agricultural,  State  Normal  and  State  University 
funds,  or  either.  Such  record-books  shall  be  ruled  so  as  to  en- 
able the  board  to  register  the  name  and  residence  of  the  person 
offering  to  sell  any  such  bonds,  the  price  at  which  bonds  were 
offered,  the  name  and  residence  or  location  of  the  owner  or 
municipal  corporation  for  whom  such  offer  is  made,  and  a  full 
detailed  description  of  every  bond  so  offered,  including  the  date, 
number,  series,  amount  and  rate  of  interest  of  each  bond,  and 
when  the  interest  and  principal,  respectively,  are  payable,  and 
the  date,  amount  and  number  of  each  coupon,  and  when  payable, 
the  name,  residence  and  post-office  address  of  the  owner,  the 
name,  residence  and  post-office  address  of  the  agent  or  attorney 
representing  the  owner  of  such  bonds,  what  disposition  the 
owner  of  the  bonds  claims  has  been  made  of  the  missing  cou- 
pons, if  any ;  and  upon  the  presentation  of  any  bond  or  bonds 
for  the  purchase  by  the  School-fund  Commission,  such  bond  or 
bonds,  together  with  the  record  of  the  proceedings  connected 
with  the  issuance  of  such  bond  or  bonds,  shall  first  be  submitted 
to  the  attorney-general  for  his  opinion  as  to  the  validity  thereof. 
It  shall  be  the  duty  of  the  attorney-general  to  immediately  ex- 
amine such  bond  or  bonds  and  proceedings,  and  report  thereon 
in  writing  to  the  School-fund  Commission  as  to  their  validity. 
Upon  receipt  of  such  opinion,  and  before  the  board  shall  act 
upon  the  question  of  purchasing  such  bond  or  bonds,  if  the  at- 
torney-general approves  them  as  valid,  then  the  record  herein- 
before provided  for  shall  be  made,  and  such  record  shall  in- 
clude the  opinion  of  the  attorney-general  as  to  the  validity 
thereof.  (Laws  1905,  ch.  472,  sec.  2.) 

SEC.  510.  Investment  of  Funds.  [8943.]  Said  board  of  com- 
missioners shall  have  the  power,  and  it  is  hereby  made  their 
duty,  from  time  to  time,  to  invest  any  moneys  belonging  to  the 
permanent  school  fund,  State  Agricultural  College,  State  Nor- 
mal and  State  University  funds  in  the  bonds  of  the  United 
States,  or  bonds  of  the  state  of  Kansas,  or  bonds  of  any  mu- 
nicipality of  the  state  of  Kansas,  school-district  bonds,  bonds  of 
boards  of  education,  and  in  the  warrants  issued  by  the  auditor 
of  state  on  the  state  treasurer  and  by  him  stamped  "Not  paid 
for  want  of  funds."  In  making  such  investment,  they  shall  not 
pay  for  any  such  bonds  or  warrants  any  greater  sum  than  par, 
nor  more  than  the  actual  market  price  thereof  at  the  time  of 
purchasing  the  same,  less  than  par;  and  whenever  any  mu- 
nicipality of  the  state  of  Kansas  shall  offer  its  bonds  for  sale 
the  State  School-fund  Commissioners  shall  have  the  power  to 
buy  the  same,  if  the  validity  thereof  shall  have  been  approved 
by  the  attorney-general ;  provided,  that  the  commissioners  shall 


182  SCHOOL-FUND  COMMISSIONERS.  [Ch.  32 

not  invest  in  any  other  bonds  which,  together  with  other  out- 
standing bonded  indebtedness,  shall  exceed  fifteen  per  cent  of 
the  assessed  valuation  of  said  municipality  as  returned  and 
fixed  by  such  municipality.  (Laws  1905,  ch.  472,  sec.  3.) 

SEC.  511.  Quorum  and  Business.  [8944.]  Any  two  mem- 
bers of  said  board  shall  constitute  a  quorum.  But  such  board 
shall  not  purchase  any  school-district  bond  or  bonds  except  at  a 
legal  session  thereof,  nor  unless  every  member  of  the  board  is 
notified  in  time  to  be  present  at  such  meeting,  and  notified  also 
that  the  question  of  purchasing  such  bonds  is  to  be  considered 
thereat,  designating  the  bonds.  (Laws  1879,  ch.  166,  sec.  118.) 

SEC.  512.  Record  of  Funds.  [8945.]  Said  commissioners 
shall  keep  a  record  showing  a  detailed  statement  of  the  condi- 
tion of  the  state  permanent  school  fund,  State  Agricultural, 
State  Normal  and  State  University  funds  under  their  control, 
amount  of  each  fund,  how  invested,  when  due,  interest  paid, 
and  every  other  act  in  any  manner  connected  with  the  manage- 
ment and  investment  of  said  funds ;  and  the  state  superintend- 
ent of  public  instruction  shall  biennially  report  all  such  in- 
vestments to  the  governor,  to  be  laid  before  the  legislature,  and 
shall  also  cause  to  be  published  at  the  end  of  each  quarter  of 
the  calendar  year,  in  the  official  state  paper,  a  statement  of  the 
amount  of  each  of  such  funds  then  on  hand,  the  'amount  of 
each  fund  invested  during  this  quarter,  and  a  full  descrip- 
tion of  the  said  bonds  bought  for  each  fund,  date  of  such 
bonds,  amount,  rate  of  interest,  when  payable,  number  of 
coupons  attached  when  bought,  from  whom  purchased,  and  the 
price  or  rate  paid  therefor.  (Laws  1905,  ch.  472,  sec.  4.) 

SEC.  513.  Office  and  Records.  [8946.]  All  the  record-books 
and  records  of  such  board  shall  be  kept  in  the  office  of  the  state 
superintendent  of  public  instruction,  but  the  same  shall  be 
open  during  office  hours  for  the  inspection  of  every  citizen  of 
the  state  of  Kansas.  (Laws  1905,  ch.  472,  sec.  5.) 

SEC.  514.  Orders  Drawn.  [8947.]  In  the  investment  of  the 
state  permanent  school,  State  Agricultural,  State  Normal  and 
State  University  funds,  the  commissioners  are  hereby  author- 
ized to  draw  their  orders  on  the  state  treasurer,  payable  out 
of  the  fund  invested,  for  the  purchase-price  of  the  bond,  bonds, 
or  warrants,  which  orders,  previous  to  their  delivery,  shall  be 
registered  in  the  state  treasurer's  office  in  a  book  provided  for 
that  purpose.  Such  orders  shall  not  be  drawn  until  the  bonds 
purchased  for  which  the  order  is  drawn  shall  have  been  de- 
livered to  the  state  auditor  <f or  record  and  stamped  as  herein 
provided.  Immediately  upon  the  receipt  of  such  bonds,  the 
state  auditor  shall  cause  each  bond  and  coupon  to  be  plainly 

stamped  upon  the  back  thereof,  "Property  of  the  state 

fund,  nonnegotiable  and  nontransferable,"  with  the  name  of 
the  fund  for  which  such  bond  is  purchased.  He  will  also  ca'ise 
to  be  made  in  a  book  kept  for  that  purpose  a  record  of  each  of 


Ch.  32]  SCHOOL-FUND   COMMISSIONERS.  183 

such  bonds  and  each  coupon  thereto  attached,  which  record 
shall  show  amount,  date  and  rate  of  interest  of  such  bond, 
when  and  where  payable,  the  date,  amount  and  number  of  each 
coupon  and  when  payable.  Whenever  any  bond  or  coupon  shall 
have  been  paid,  and  one  of  the  duplicate  receipts  therefor, 
issued  by  the  state  treasurer,  shall  have  been  received  by  the 
auditor  of  state,  he  shall  credit  such  bond  or  coupon  and  charge 
the  state  treasurer  with  the  amount  so  received.  Semiannu- 
ally,  on  the  1st  day  of  March  and  September  of  each  year,  the 
state  auditor  shall  compare  said  record  with  the  similar  record 
herewith  required  to  be  kept  by  the  state  treasurer  and  verify 
the  same.  (Laws  1905,  ch.  472,  sec.  6.) 

SEC.  515.  State  Treasurer  to  be  Custodian.  [8948.]  All 
moneys  belonging  to  the  state  permanent  school,  State  Agri- 
cultural, State  Normal  and  State  University  funds  shall  be  paid 
to  and  held  by  the  state  treasurer,  and  shall  be  subject  to  the 
order  of  the  Board  of  School-fund  Commissioners.  The  state 
treasurer  shall  also  be  the  custodian  of  all  bonds,  notes,  mort- 
gages and  evidences  of  debt  arising  out  of  the  management  and 
investment  of  the  state  permanent  school,  State  Agricultural, 
State  Normal  and  State  University  funds  by  said  board  of  com- 
missioners. Immediately  upon  the  receipt  by  the  state  treas- 
urer from  the  auditor  of  state  of  any  bond,  coupon  or  warrant 
stamped  as  herein  required  and  purchased  by  the  State  School- 
fund  [Commissioners]  for  any  of  the  said  funds,  it  shall  be  the 
duty  of  the  state  treasurer  to  immediately  cause  to  be  recorded, 
in  a  book  to  be  kept  for  that  purpose,  a  detailed  description  of 
such  bond,  coupon,  or  warrant,  showing  the  date  thereof, 
amount,  when  payable,  rate  of  interest,  number,  by  whom  is- 
sued, where  payable,  and  shall  give  to  the  auditor  of  state  his 
receipt  therefor.  Whenever  any  such  bond,  coupon  or  war- 
rant is  paid,  the  state  treasurer  shall  credit  upon  such  record 
the  amount  of  such  payment  and  charge  himself  with  the 
money,  and  shall  issue  his  receipt  for  said  sum  in  duplicate, 
or.e  copy  of  which  shall  be  transmitted  to  the  auditor  of  state. 
(Laws  1905,  ch.  472,  sec.  7.) 

SEC.  516.  Separate  Account.  [7724.]  He  shall  keep  in  a 
separate  book  an  account  of  all  school  moneys  received  by  him, 
distinguishing  between  the  perpetual  fund  and  the  annual 
fund  for  disbursement,  and  shall  report  to  the  state  superin- 
tendent on  the  1st  day  of  February  and  1st  day  of  August 
of  each  year  the  amount  of  money  in  his  hands  belonging  to 
the  permanent  school  fund  and  subject  to  investments,  and 
on  the  1st  day  of  March  and  on  the  25th  day  of  July  of  each 
year  the  state  treasurer  shall  report  to  the  superintendent  of 
public  instruction  the  amount  of  money  in  the  treasury  be- 
longing to  the  annual  school  fund  and  subject  to  disburse- 
ment on  the  semiannual  dividends.  (Laws  1876,  ch.  122,  art. 
16,  sec.  3.) 


184  SCHOOL-FUND   COMMISSIONERS.  [Ch.  32 

SEC.  517.  Collection  of  Moneys.  [8949.]  It  shall  be  the  duty 
of  said  board  of  commissioners,  from  time  to  time,  as  soon 
as  may  be  practicable,  to  collect  all  moneys  due  and  owing' 
to  the  state  permanent  school,  State  Agricultural,  State  Nor- 
nal  and  State  University  funds,  and  make  investments  of  the 
same  as  herein  required.  If  any  such  moneys  shall  remain 
unpaid  for  thirty  days  after  the  same  become  due  and  payable, 
the  commissioners  shall  notify  the  attorney-general  of  that 
fact,  and  it  shall  then  be  his  duty  to  then  proceed  to  collect 
the  sa*ne  by  civil  action,  to  be  brought  and  prosecuted  in  the 
name  of  the  state.  (Laws  1905,  ch.  472,  sec.  8.) 

SEC.  518.  Must  Sell  Bonds  to  Board.  [8950.]  That  the 
several  municipal  officers  who  have  charge  of  the  sale  of  any 
bonds  hereafter  to  be  issued,  which  the  board  of  commission- 
ers of  the  state  permanent  school  fund  are  authorized  to  pur- 
chase under  the  law,  are  hereby  directed  to  sell  such  bonds  to 
said  board  of  commissioners  of  the  state  permanent  school 
fund,  if  it  will  pay  par  for  the  same;  and  it  shall  be  unlawful 
for  any  such  municipal  boards,  members  thereof  or  other 
municipal  officers  to  sell  any  such  bonds  without  having  first 
offered  such  bonds  to  said  board  of  commissioners  of  the  state 
permanent  school  fund ;  and  every  municipal  board  or  member 
thereof,  or  other  municipal  officer,  who  shall  sell  any  such 
bonds  to  any  other  person  at  any  price,  without  having  first 
given  the  board  of  commissioners  of  the  state  permanent  school 
fund  an  opportunity  to  purchase  same,  as  hereinbefore  pro- 
vided, and  every  other  officer  violating  the  provisions  of  this 
act,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  not  exceeding  $500,  or  by~ 
imprisonment  in  the  county  jail  not  exceeding  six  months, 
and  shall  forfeit  his  office.  (Laws  1905,  ch.  472,  sec.  9.) 

SEC.  519.  May  Purchase  Below  Par.  [8951.]  Said  School- 
fund  Commissioners  may  in  their  discretion  agree  with  the 
parties  offering  bonds  to  take  such  bonds  at  par  at  a  lower 
rate  of  interest  than  the  interest  stipulated  in  the  bonds  and 
coupons  thereto  attached.  In  case  any  such  bonds  so  pur- 
chased by  said  board  of  commissioners  provide  for  a  higher 
rate  of  interest  than  the  rate  of  interest  at  which  they  are 
purchased  by  said  board,  the  rate  at  which  they  are  purchased 
shall  be  distinctly  noted  upon  such  bonds  and  the  coupons 
thereto  attached,  and  the  amount  of  such  coupons  shall  be 
reduced  accordingly,  and  the  same  notation  shall  be  made 
on  the  record  of  such  bonds  kept  in  the  office  of  such  board. 
(Laws  1905,  ch.  472,  sec.  10.) 

SEC.  520.  Office  of  Loan  Commissioner  Abolished.  [8952.] 
The  loan  commissioner  for  the  board  of  regents  of  the  State 
Agricultural  College  shall,  immediately  upon  the  taking  effect 
of  this  act,  deliver  to  the  state  treasurer  all  moneys,  evidences 
of  indebtedness,  securities,  books  and  records  belonging  or 


Ch.  32]  SCHOOL-FUND   COMMISSIONERS.  185 

appertaining  to  the  State  Agricultural  College  fund,  and  shall 
take  the  receipt  of  the  treasurer  therefor.  All  moneys  be- 
longing to  said  funds  and  so  delivered  to  the  state  treasurer 
shall  become  subject  to  the  provisions  of  this  act.  It  shall  be 
the  duty  of  the  said  board  of  regents  and  the  state  accountant, 
immediately  upon  the  taking  effect  of  this  act,  to  make  final 
settlement  with  the  loan  commissioner,  to  close  the  ^accounts 
thereof  with  said  loan  commissioner,  and  the  office  of  said  loan 
commissioner  is  hereby  abolished.  (Laws  1905,  ch.  472, 
sec.  11.) 

SEC.  521.  Compensation.  [7697.]  Said  board  of  commis- 
sioners shall  receive  such  pay  for  their  services  as  may  be 
prescribed  by  law.  (Laws  1876,  ch.  122,  art.  15,  sec.  6.) 

SEC.  522.  Unclaimed  Estates.  [7699.]  In  all  cases  where 
persons  die  without  heirs,  and  intestate,  it  shall  be  lawful  for 
the  superintendent  of  public  instruction  of  the  county  where 
any  land  lies,  belonging  to  the  estate  of  such  person  dying 
without  heir  and  will,  after  a  lapse  of  three  years  from  the 
date  of  letters  of  administration  upon  such  estate,  to  file  a 
petition  in  the  probate  court  of  the  county  granting  such  let- 
ters, setting  forth  in  said  petition  (1)  that  such  deceased  per- 
son died  without  heirs,  and  intestate;  (2)  that  three  years 
have  elapsed  since  the  date  of  letters  of  administration;  (3) 
a  description  of  the  real  estate;  (4)  that  no  debts  remain 
unpaid  of  this  estate  not  barred  by  the  statute  of  limi- 
tation. Such  petition  shall  be  verified  by  the  affidavit  of  the 
county  superintendent  of  public  instruction,  or  by  some  per- 
son who  has  knowledge  of  the  fact.  (Laws  1876,  ch.  122, 
art.  15,  sec.  8.) 

SEC.  523.  Sale  of  Real  Estate.  [7700.]  It  shall  be  the  duty 
of  the  probate  court,  on  the  filing  of  the  petition  mentioned 
in  the  preceding  section,  and  being  satisfied  that  the  facts 
stated  in  said  petition  are  true,  to  issue  an  order  to  the  ad- 
ministrator to  sell  the  real  estate  described  in  such  petition, 
in  the  same  manner  as  real  estate  is  sold  by  administrators 
for  the  payment  of  debts  due  from  deceased  persons;  and 
the  same  proceedings  shall  be  had  in  confirming  the  sale  and 
the  execution  of  the  deed  by  the  administrator  as  are  provided 
by  law  for  the  sale  of  real  estate  for  the  payment  of  the  debts 
of  any  deceased  person.  (Laws  1876,  ch.  122,  art.  15,  sec.  9.) 

SEC.  524.  Proceeds  of  Sale.  [7701.]  It  shall  be  the  duty  of 
the  administrator,  after  the  payment  of  the  costs  of  said  pe- 
tition and  making  said  sale  and  six  per  cent  commission  to 
such  administrator,  to  pay  the  county  treasurer  of  the  county 
where  the  land  is  situated  the  remainder  of  the  purchase- 
money  for  the  benefit  of  the  common  schools  of  the  state,  and 
shall  take  duplicate  receipts  therefor;  and  it  shall  be  his  duty 
to  file  one  of  such  duplicates  with  the  probate  court  of  the 
proper  county.  If,  at  any  time  within  twenty-one  years  after 


186  SCHOOL-FUND   COMMISSIONERS.  [Ch.  32 

the  date  of  payment  of  said  money  to  the  county  treasurer, 
any  person  shall  appear  and  claim  said  money  as  the  rightful 
heir  to  said  estate,  and  shall  prove  heirship  satisfactorily  to 
the  probate  court,  the  judge  of  said  court  shall  so  certify,  and 
the  state  treasurer  shall  pay  over  to  such  claimant  the  sum 
so  received  from  the  county  treasurer  from  such  estate.  (Laws 
1876,  ch.  122,  art.  15,  sec.  10.) 

SEC.  525.  Consolidation  of  Bonds.  [7702.]  It  is  hereby  made 
the  duty  of  the  School-fund  Commissioners  to  consolidate  all 
state  bonds  now  belonging  to  or  hereafter  coming  into  pos- 
session of  the  permanent  school  fund,  in  the  following 
manner,  to  wit:  All  bonds  falling  due  on  the  same  date 
and  bearing  the  same  rate  of  interest  shall  be  consolidated 
into  one  bond,  of  equal  amount  to  the  bonds  so  consolidated; 
and  coupons  of  interest  shall  be  attached  thereto,  of  equal 
amount  to  the  consolidated  coupons,  and  payable  in  the  same 
manner  as  the  coupons  of  the  bonds  so  consolidated;  such 
consolidated  bonds  shall  be  made  out  by  the  auditor  of  state, 
signed  by  the  governor,  and  attested  by  the  secretary  of  state, 
and  shall  be  made  payable  to  the  permanent  school  fund  of 
the  state  of  Kansas,  and  shall  have  imprinted  on  their  face 
the  words,  "Not  transferable."  All  bonds  presented  by  the 
School-fund  Commissioners  shall,  in  their  presence,  be  can- 
celed and  destroyed  by  the  auditor  of  state,  after  a  consoli- 
dated bond  shall  have  been  issued  for  the  same.  (Laws  1876, 
ch.  122,  art.  15,  sec.  11.) 

SEC.  526.  Registry  of  Consolidated  Bonds.  [7703.]  All 
consolidated  bonds  shall  be  registered  by  the  auditor  as  other 
state  bonds  now  are  registered.  (Laws  1876,  ch.  122,  art.  15, 
sec.  12.) 

SEC.  527.  Registration.  [6392.]  Immediately  after  the 
passage  of  this  act,  it  shall  be  the  duty  of  the  auditor  of  state 
to  prepare  a  register  of  all  bonds  belonging  to  the  permanent 
school  fund.  (Laws  1877,  ch.  172,  sec.  1.) 

SEC.  528.  Bonds  to  be  Registered.  [7710.]  That  it  shall 
hereafter  be  the  duty  of  the  commissioners  of  the  permanent 
school  fund  to  present  to  the  auditor  of  state  all  bonds  which 
may  hereafter  be  purchased  by  them  prior  to  the  deposit  of 
the  same  with  the  state  treasurer,  and  it  shall  be  the  duty  of 
the  auditor  to  register  all  bonds  so  presented.  (Laws  1877 
ch.  172,  sec.  2.) 

SEC.  529.  Treasurers  Statement.  [7711.]  That  it  shall  be 
the  duty  of  the  state  treasurer,  immediately  after  collecting 
any  interest  on  such  bonds  or  the  principal  of  the  same,  to 
file  with  the  auditor  a  detailed  statement  or  statements  of 
the  amount  or  amounts  so  collected,  stating  the  name  of  the 
county,  the  number  of  the  district,  the  number  of  the  cou- 
pons or  bonds  paid  by  such  district,  and  the  amount  paid* 


Ch.  32]  SCHOOL-FUND   COMMISSIONERS.  187 

and  the  said  treasurer  shall  cancel  on  the  register  in  his  of- 
fice all  coupons  and  bonds  so  paid.  (Laws  1877,  ch.  172, 
sec.  4.) 

SEC.  530.  Cancelation  of  Bonds  and  Coupons.  [7712.]  That 
immediately  after  the  filing  of  such  statement  or  statements 
by  the  treasurer,  the  auditor  shall  cancel  such  coupons  or 
bonds  as  are  designated  in  said  statement  or  statements  upon 
the  register  in  his  office,  and  charge  the  treasurer  with  the 
amounts.  (Laws  1877,  ch.  172,  sec.  5.) 

SEC.  531.  Bonds  to  be  Compared.  [7713.]  That  it  shall  be 
the  duty  of  the  auditor  of  state,  on  the  first  Monday  in  August 
of  each  year,  to  compare  the  register  kept  by  him  with  the 
bonds  in  the  treasurer's  office,  and  shall  at  the  time  of  com- 
paring such  register  require  the  treasurer  to  produce  all  cou- 
pons and  bonds  remaining  unpaid,  which  shall  be  compared 
with  the  register.  (Laws  1877,  ch.  172,  sec.  6.) 

SEC.  532.  Penalty.  [7714.]  That  any  state  treasurer  who 
shall  fail  or  refuse  to  comply  with  the  provisions  of  section 
3  and  section  5  of  this  act186  shall  be  deemed  guilty  of  having 
converted  the  same  to  his  own  use,  and  shall  upon  conviction 
be  subject  to  all  the  penalties  provided  for  in  section  56  of 
chapter  102,  General  Statutes  of  the  state  of  Kansas.  (Laws 
1877,  ch.  172,  sec.  7.) 

SEC.,  533.  Exchange  of  Bonds.  [7715.]  The  board  of  com- 
missioners for  the  management  of  the  state  permanent  school 
fund  shall  have  the  power  to  exchange  any  school-district  or 
board-of-education  bonds  belonging  to  the  permanent  school 
funds  now  in  the  state  treasury  for  other  bonds  of  the  same 
district  or  board  of  education  bearing  a  lower  rate  of  interest 
and  running  a  longer  time  than  the  bonds  exchanged,  upon  the 
application  of  the  proper  officers  of  such  school  district  or 
board  of  education;  provided,  that  they  shall  not  receive  any 
funding  bonds  running  a  less  time  than  five  years;  and  pro- 
vided further,  that  the  rate  of  interest  on  bonds  so  accepted  by 
said  commissioner  shall  not  be  less  than  four  per  cent.  (Laws 
1907,  ch.  377,  sec.  1.) 

SEC.  534.  Funding  Bonds  to  be  Stamped.  [7719.]  All  bonds 
accepted  as  funding  bonds  by  the  board  of  commissioners  shall 
be  stamped  by  the  auditor  and  deposited  with  the  state  treas- 
urer, and  the  auditor  shall  charge  the  treasurer  with  the 
amount  in  the  same  manner  as  though  said  bonds  had  been 
purchased  for  cash.  (Laws  1879,  ch.  160,  sec.  5.) 

SEC.  535.  Record  of  Proceedings.  [7717.]  The  said  board 
of  commissioners,  after  having  examined  and  accepted  any 
funding  bonds  as  contemplated  in  section  1  of  this  act,  shall 
make  a  certificate  in  duplicate,  directed  to  the  state  treasurer, 

186.     Section  530  of  this  book. 


188  SCHOOL-FUND   COMMISSIONERS.  [Ch.  32* 

stating  that  they  have  examined  and  accepted  the  funding 

bonds  of  school  district  No. ,  of  the  county  of ,  or 

board  of  education  of  the  city  of ,  for  the  sum  of 

dollars,  in  lieu  of  bonds  numbered ,  for  like  amount 

issued  by  said  district  or  board  of  education,  now  in  the  state 

treasury,  and  belonging  to  the fund,  and  the  treasurer 

of  state  is  authorized  to  cancel  and  return  the  bonds  so  funded, 
together  with  the  coupons  attached  thereto,  and  not  matured, 
to  the  proper  officer  of  the  county,  city,  or  school  district, 
which  said  certificate  shall  be  signed  by  a  majority  of  the  said 
commissioners,  one  of  which  shall  be  filed  with  the  auditor 
of  state  and  the  other  delivered  to  the  state  treasurer.  (Laws 
1879,  ch.  160,  sec.  3.) 


Ch.  33] 


STATE   ANNUAL   SCHOOL  FUND. 


189 


CHAPTER  XXXIII.— STATE  ANNUAL  SCHOOL  FUND. 


§536.    State   annual   school    fund    shall   con- 
sist   of    what. 

537.  State    treasurer    hold    annual    school 

fund  subject  to  order  of  state  su- 
perintendent. 

538.  Treasurer  shall  pay  county  treasurer 

on   order  of   state   superintendent. 

539.  County  treasurer  shall  apply  to  state 

treasurer    for    school    moneys    ap- 
portioned to  county. 


§540.  County  treasurer,  upon  proper  appli- 
cation, shall  pay  over  moneys  to 
district  treasurer. 

541.  Each  insurance  company  doing  busi- 
ness in  the  state  shall  annually 
pay  fifty  dollars  into  the  s^ate 
annual  school  fund. 


SECTION  536.  Shall  Consist  of  What.  [7722.]  The  state  an- 
nual school  fund  shall  consist  of  the  annual  income  derived 
from  the  interest  and  rents  of  the  perpetual  school  fund,  as 
provided  in  the  constitution  of  the  state.  (Laws  1879,  ch.  149, 
sec.  4,  March  13.) 

SEC.  537.  State  Treasurer.  [7723.]  The  state  treasurer 
shall  receive  all  the  annual  income  of  the  state  appropriated 
for  the  annual  support  of  schools,  whether  derived  from  the 
interest  of  moneys  loaned,  rents  of  school-lands,  or  annual  tax, 
and  hold  the  same  subject  to  the  order  of  the  state  superin- 
tendent of  public  instruction.  (Laws  1876,  ch.  122,  art.  16, 
sec.  2.) 

SEC.  538.  Payment.  [7725.]  He  shall  pay  over  to  the  treas- 
urer of  each  county,  on  application,  the  amount  of  school  money 
due  to  said  county,  on  order  of  the  state  superintendent  of  pub- 
lic instruction.  (Laws  1876,  ch.  122,  art.  16,  sec.  4.) 

SEC.  539.  County  Treasurer.  [7727.]  The  treasurer  of 
each  county  shall  apply  for  and  receive  of  the  state  treasurer 
the  school  moneys  apportioned  to  his  county  as  soon  as  the 
same  shall  become  payable.  (Laws  1876,  ch.  122,  art.  16, 
sec.  6.) 

SEC.  540.  Pay  to  the  District  Treasurer.  [7728.]  Each 
county  treasurer  receiving  such  moneys  shall,  upon  proper  ap- 
plication of  the  district  treasurer  of  any  district,  pay  over  to 
the  said  district  treasurer  the  amount  apportioned  to  the  dn's- 
trict  by  the  county  superintendent.  (Laws  1876,  ch.  122,  art. 
16,  sec.  7.) 

SEC.  541.  Insurance  Companies.  [7729.]  .  .  .  Every 
insurance  company  doing  business  in  this  state  shall,  in  addi- 
tion to  the  fees  required  by  this  act  (chapter  93,  Laws  1871), 
pay  into  the  state  treasury,  for  the  benefit  of  the  annual  school 
fund,  the  sum  of  fifty  dollars  each  year.  (Laws  1876,  ch.  122, 
art.  16,  sec.  8.) 


190 


SCHOOL  TEXT-BOOKS,   UNIFORMITY. 


[Ch.  34 


CHAPTER  XXXIV. — SCHOOL  TEXT-BOOKS,  UNIFORMITY. 


§542.  Commission  ;   compensation. 

543.  Term. 

544.  Meetings.     (See,   also,    §572.) 

545.  Texts  to  be  adopted. 

546.  Bids,   how  submitted. 

547.  Open  bids. 

548.  Secretary. 

549.  May   consider  manuscripts. 

550.  State   not  liable. 

551.  Proclamation. 

552.  Dealers  to  establish  agencies. 

553.  Estimates. 

554.  District   ownership. 

555.  Violation  of  contract. 

556.  Term    of    contract. 

557.  Blanks. 


Advertise  for  bids. 

559.  Special   meetings. 

560.  Vacancy. 

561.  Oath. 

562.  Penalties. 

563.  Commission  ;   penalty  for  violation. 

564.  Appropriation. 

565.  Additional   texts. 

566.  Prices. 

567.  Advertising    for    bids,    etc. 

568.  Unlawful  to  sell. 

569.  Penalty. 

570.  Maps,   globes,   charts,    and   other   ap- 

paratus. 

571.  Penalties. 

572.  Meetings.      (See,  also,  §  544.) 


SECTION  542.  Commission.  [7810.]  That  for  the  purpose 
of  carrying  out  the  provisions  of  this  act  there  is  hereby 
created  a  School  Text-book  Commission  consisting  of  eight 
members,  to  be  appointed  by  the  governor,  by  and  with  the 
consent  of  the  senate;  provided,  that  not  more  than  five  of 
whom  shall  be  selected  from  any  one  political  party,  who  shall 
receive  as  their  only  compensation  the  sum  of  five  dollars  for 
each  day's  actual  service  at  any  regular  or  special  session,  and 
actual  expenses  in  going  to  and  returning  from  any  meeting 
herein  provided  for;  and  the  state  superintendent  of  public 
instruction  shall  be  ex  officio  chairman  of  said  School  Text- 
book Commission,  with  the  right  to  vote  upon  any  and  all 
propositions;  provided,  that  no  per  diem  shall  be  allowed  to 
any  member  of  this  commission  who  shall  at  the  time  of  service 
thereon  be  receiving  a  stated  salary  from  this  state  or  from 
any  county  or  city  therein.  (Laws  1907,  ch.  328,  sec.  1.) 

SEC.  543.  Term.  [7811.]  The  term  of  office  of  this  com- 
mission shall  be  four  years  from  the  first  Monday  in  April, 
1897,  and  at  the  expiration  of  said  term  of  office,  and  each 
succeeding  term,  the  governor  shall  appoint,  by  and  with  the 
consent  of  the  senate,  suitable  persons  members  of  this  com- 
mission. And  on  the  first  Monday  in  May  prior  to  the  ter- 
mination of  any  contract  for  the  furnishing  of  text-books  to 
the  people  of  this  state  under  this  act,  or  upon  the  termina- 
tion of  any  such  contract  or  contracts,  said  commission  shall 
have  power,  and  it  is  hereby  authorized  and  made  the  duty 
of  said  commission,  to  make  new  contract  or  contracts,  or  to 
relet  any  old  contract  or  contracts  for  the  furnishing  of  text- 
books as  provided  for  in  this  act,  and  such  commission  shall 
succeed  to  all  the  powers,  duties  and  obligations  of  the  origi- 
nal commission.  (Laws  1898,  ch.  31,  sec.  1.) 

SEC.  544.  Meetings.  [7812.]  The  time  of  meeting  for  the 
commission  herein  provided  for  shall  be  the  first  Monday  in 


Ch.  34]  SCHOOL  TEXT-BOOKS,   UNIFORMITY.  191 

May,  1897,  and  at  such  other  times  as  hereinafter  provided 
for.     (Laws  1897,  ch.  179,  sec.  3.) 

SEC.  545.    Texts  to  be  Adopted.     [7813.]     The  School  Text- 
book  Commission  herein   provided   for   shall  be   empowered 
and  it  is  hereby  authorized  to  select  and  adopt  a  uniform 
series  of  school  text-books  for  use  in  the  public  schools  of  the 
state  of  Kansas,   in  the  following-named  branches,  to  witt 
Spelling,  reading,  arithmetic,  geography,  English  grammar, 
physiology  and  hygiene,  history  of  the  United  States,  civil 
government,    elements    of   algebra   and   physical    geography, 
elements  of  natural  philosophy,  bookkeeping,  and  a  graded 
series  of  writing-books;  provided,  that  the  matter  contained 
in  the  subject  of  reading  shall  consist  of  lessons  commencing 
with  the  simplest  expressions  of  English,  through  the  regular 
gradations  of  lessons  up  to  and  including  the  highest  style  of 
both  poetry  and  prose;  providing,  that  no  text-book  shall  be 
adopted  by  this  commission  that  does  not  equal  in  quality  of 
matter,  material,  binding  and  mechanical  execution,  and  ap- 
proximately equal  in  size,  the  following  text-books  in  general 
use,  namely:     The  speller  to  McGuffey's  New   Speller,  the 
readers   to   McGuffey's   Readers,   the   arithmetic   to    White's 
series  of  Arithmetic,  the  geographies  to  Rand  &  McNally's 
Geography,  the  grammar  to  Reed  and  Kellogg's  Grammars, 
the  histories  to  Barnes's  School  Histories,  the  physiology  to 
Steel's  Physiology,  the  civil  government  to  Thummel's  Gov- 
ernment of  the  United  States  with  Kansas  addendum,  ele- 
mentary algebra  to  Ray's  Algebra,  physical  geography  to  Rand 
&  McNally's  Physical  Geography,  elements  of  natural  philoso- 
phy to  Steel's  Fourteen  Weeks  in  Philosophy,  bookkeeping  to- 
Bryant    &    Stratton's    graded    series,    mental    arithmetic    to 
Bailey's  Mental  Arithmetic,  and  writing  to  the  Eclectic  Copy- 
book ;  provided,  that  no  text-book  shall  be  adopted  that  contains 
anything  of  a  partizan  or  sectarian  character.     (Laws  1897, 
ch.  179,  sec.  4.) 

SEC.  546.  Bids;  How  Submitted.  [7814.]  Any  person,  com- 
pany or  corporation  desiring  to  make  any  bid  or  bids  upon 
any  of  the  matters  provided  for  in  this  act  shall  submit  the 
same  in  writing,  together  with  an  unconditional  certified 
check  for  $1000  payable  to  the  chairman  of  the  commission, 
to  be  forfeited  to  the  state  if  such  party  shall  fail  to  enter 
into  proper  bond  and  make  the  required  contract  if  awarded 
to  him,  carefully  sealed  and  addressed  to  the  chairman  of  the 
School  Text-book  Commission,  Topeka,  Kan.,  and  said  chair- 
man shall  preserve  the  same,  unopened,  until  the  time  of  meet- 
ing of  said  commission.  (Laws  1897,  ch.  179,  sec.  5.) 

SEC.  547.  Open  Bids.  [7815.]  At  the  first  meeting  of  this 
commission,  it  shall  receive  and  open  all  sealed  bids  and  propo- 
sitions on  the  following  matters :  First,  from  the  publisher  or 
publishers  of  school  text-books  for  furnishing  to  the  people  of 


192  SCHOOL  TEXT-BOOKS,   UNIFORMITY.  [Ch.  34 

the  state  of  Kansas,  for  use  in  the  public  schools  of  this  state 
as  provided  for  in  this  act,  for  a  term  of  five  years,  commencing 
September  1,  1897,  each  bid  stating  specifically  the  price  at 
which  each  book  is  to  be  furnished,  and  to  be  accompanied  by  a 
specimen  copy  of  each  book  to  be  furnished  in  such  bid.  Sec- 
ond,  from  any  author  or  authors  of  school  text-books  who  have 
manuscript  of  books  not  published  for  the  price  at  which  they 
will  sell  their  manuscript,  properly  prepared  for  printer's 
copy,  together  with  the  copyright  of  such  books,  for  use  in 
the  public  schools  of  this  state.  Third,  From  persons  who  are 
willing  to  undertake  the  compilation  of  a  book  or  books  or 
series  of  books  provided  for  in  section  4  of  this  act,187  the  price 
at  which  they  are  willing  to  undertake  said  compilation  of  any 
or  all  of  such  books  to  the  satisfaction  of  said  commission ;  pro- 
vided, that  any  and  all  bids  by  publishers  herein  provided  for 
must  be  accompanied  by  a  bond  in  the  penal  sum  of  $50,000, 
with  resident  freehold  sureties  to  be  approved  by  the  Execu- 
tive Council  of  this  state,  conditioned  that  if  any  contract  be 
awarded  to  any  bidder  thereunder,  such  bidder  will  enter  into 
a  contract  to  and  perform  the  conditions  of  his  bid  to  the  ac- 
ceptance and  satisfaction  of  said  commission;  and  provided 
further,  that  no  bid  shall  be  considered  unless  the  same  shall 
be  accompanied  by  an  affidavit  of  the  bidder  that  he  is  in  no 
wise,  directly  or  indirectly,  connected  with  any  other  publisher 
or  firm  who  is  now  bidding  for  books  or  manuscript  submitted 
to  said  commission,  nor  has  any  pecuniary  interest  in  any  other 
publisher  or  firm  bidding  at  the  same  time,  and  that  he  is  not  a 
party  to  any  contract,  compact,  syndicate  or  other  scheme,  in 
regard  to  exchange  of  books,  division  of  territory,  or  discount 
to  dealers,  whereby  the  benefits  of  competition  are  denied  to 
the  people  of  this  state,  and  said  commission  shall  have  the 
right  to  reject  any  and  all  bids,  and  at  their  option  shall  have 
the.  right  to  reject  any  bid  as  to  part  of  such  books  and  to  ac- 
cept the  same  as  to  the  residue  thereof.  At  the  meeting  of  said 
commission  provided  for  in  section  3  of  this  act,188  said  com- 
mission shall  open  and  examine  all  sealed  bids  or  propositions 
received  pursuant  to  the  provisions  of  this  act;  and  it  shall 
further  be  the  duty  of  said  commission  to  make  a  full,  complete 
and  thorough  investigation  of  all  such  bids,  restrictions,  and 
propositions,  and  to  ascertain  under  which  such  proposition  or 
propositions  the  school  text-books  hereinbefore  provided  for 
could  be  furnished  to  the  people  of  this  state  for  use  in  the 
public  schools  at  the  lowest  price;  taking  into  consideration  the 
size  and  quality  as  to  matter,  material,  binding  and  mechanical 
execution  of  such  books ;  provided,  always,  that  such  commis- 
sion shall  not,  in  any  case,  contract  with  any  author,  publisher 
or  publishers  for  the  furnishing  of  any  book,  manuscript,  or 

187.  Section  545  of  this  book. 

188.  Section  544  of  this  book.     (See,  also,  section  572.) 


Ch.  34]  SCHOOL  TEXT-BOOKS,   UNIFORMITY.  193 

copyright  of  books  which  are  to  be  sold  to  the  people  of  this 
state  for  use  in  the  public  school  at  a  price  above  or  in  excess 
of  the  following,  which  price  shall  include  all  costs  and  charges 
for  packing,  transportation  and  delivery  to  the  several  places 
hereinafter  named  in  this  state,  namely:  For  the  spelling- 
book,  10  cents;  for  the  first  reader,  10  cents;  for  the  second 
reader,  17  cents ;  for  the  third  reader,  23  cents ;  for  the  fourth 
reader,  30  cents ;  for  the  fifth  reader,  40  cents ;  for  the  mental 
arithmetic,  20  cents ;  for  the  intermediate  arithmetic,  25  cents ; 
for  the  complete  arithmetic,  35  cents ;  for  the  elementary  geog- 
raphy, 30  cents ;  for  the  complete  geography,  75  cents ;  for  the 
English  grammar,  elementary,  20  cents;  complete  grammar, 
35  cents ;  physiology  and  hygiene,  50  cents ;  for  history  of  the 
United  States,  50  cents ;  for  elements  of  natural  philosophy,  50 
cents;  for  civil  government,  40  cents;  for  elementary  algebra, 
50  cents;  for  physical  geography,  80  cents;  for  bookkeeping, 
40  cents ;  writing-books,  5  cents  each ;  and  any  school-book 
company,  person  or  firm,  who  shall  contract  to  furnish  the 
public  schools  of  the  state  of  Kansas  with  school-books  under 
the  provisions  of  this  act,  shall  upon  application  of  any  school 
district  within  one  year  after  the  acceptance  of  the  bid,  take  up 
the  books  now  in  use,  and  they  shall  exchange  the  new  books  at 
not  more  than  50  per  cent  of  the  maximum  prices  fixed  by  the 
provisions  of  this  act;  provided,  that  any  school  district  or 
county  that  is  now  operating  under  a  contract  shall  have  the 
right  to  exchange,  on  the  same  terms,  books  for  one  year  from 
the  expiration  of  said  contract.  (Laws  1897,  ch.  179,  sec.  6.) 

SEC.  548.  Secretary.  [7816.]  At  the  first  meeting  of  the 
members  of  this  commission  they  shall  select  one  of  their 
number  secretary,  whose  duty  it  shall  be  to  keep  a  correct 
record  of  all  proceedings,  votes,  and  actions  of  this  commis- 
sion, which  said  records  shall  be  deposited  in  the  office  of  the 
state  superintendent  of  public  instruction  at  all  times  when 
said  commission  is  not  in  session.  All  votes  upon  any  propo- 
sition submitted  to  this  commission  shall  be  yea  and  nay,  and 
recorded  on  the  journal  of  the  day's  proceedings.  No  person, 
except  members  of  this  commission,  shall  be  present  at  or 
cognizant  of  any  proceedings  of  this  commission,  during  any 
time  that  it  is  in  session,  and  no  member  of  this  commission 
shall,  during  any  meetings  of  this  commission,  give  any  in- 
formation to  any  person  or  persons  concerning  any  business 
transacted,  or  in  course  of  transaction  at  any  session  of  this 
commission,  until  after  all  the  business  of  the  session  is  con- 
cluded. At  the  close  of  each  session  of  this  commission  the 
proceedings  thereof  shall  be  published  in  pamphlet  form  for 
general  distribution  among  the  people  of  this  state.  (Laws 
1897,  ch.  179,  sec.  7.) 

SEC.  549.  May  Consider  Manuscripts.  [7817.]  If,  upon  the 
examination  of  bids  and  propositions,  no  publisher  or  pub- 

-7 


194  SCHOOL  TEXT-BOOKS,   UNIFORMITY.  [Ch.  34 

lishers  of  school  text-books  has  bid  within  the  provisions  of 
this  act  for  furnishing  the  school  text-books  for  use  in  the  pub- 
lic schools  of  this  state,  as  provided  for  in  this  act,  then  said 
commission  is  empowered  and  is  hereby  authorized  to  procure 
such  manuscript,  copyrights  and  propositions  for  the  compila- 
tion of  school  text-books,  as  provided  for  in  this  act,  as  will 
supply  the  schools  of  this  state,  and  advertise  for  sealed  bids 
for  publishing  the  same,  and  supplying  them  under  the  terms 
herein  prescribed  for  publishers,  and  said  contract  may  be  let 
for  the  publication  of  all  such  books,  or  for  one  or  more  of  such 
books  separately.  And  it  shall  further  be  the  duty  of  said 
commission  to  provide  in  the  contract  for  the  publication  of 
any  manuscript,  for  the  payment,  by  the  publisher,  of  the  com- 
pensation agreed  upon  between  such  commission  and  the  au- 
thor or  owner  of  any  such  manuscript,  for  such  manuscript. 
(Laws  1897,  ch.  179,  sec.  8.) 

SEC.  550.  State  not  Liable.  [7818.]  It  shall  be  a  part  of  the 
terms  and  conditions  of  any  contract  made  in  pursuance  of  this 
act,  that  the  state  of  Kansas  shall  not  be  liable  to  any  con- 
tractor or  contractors  for  any  sum  of  money  whatever,  but  that 
all  such  contractors  shall  receive  their  pay  and  compensation 
solely  and  exclusively  from  the  proceeds  of  the  sale  of  the  book 
or  books  provided  for  in  this  act.  (Laws  1897,  ch.  179,  sec.  9.) 

SEC.  551.  Proclamation.  [7819.]  As  soon  as  such  com- 
mission shall  have  entered  into  any  contract  for  the  furnishing 
of  text-books  for  use  in  the  public  schools  of  this  state,  pur- 
suant to  the  provisions  of  this  act,  the  state  superintendent 
of  public  instruction  shall  notify  the  governor  of  such  fact, 
and  it  shall  be  the  duty  of  the  governor  to  issue  his  procla- 
mation announcing  such  fact  to  the  people  of  the  state,  and 
immediately  after  the  issuing  of  such  proclamation  by  the 
governor  it  shall  be  the  duty  of  the  state  superintendent  of 
public  instruction  to  notify  the  county  superintendents  of 
the  various  counties  of  this  state  of  the  books  agreed  upon 
and  selected,  together  with  the  contract  prices  thereof.  (Laws 
1897,  ch.  179,  sec.  10.) 

SEC.  552.  Dealers  to  Establish  Agencies.  [7820.]  Within 
thirty  days  after  the  issuing  of  the  proclamation  by  the 
governor  of  this  state  provided  for  in  this  act,  any  person, 
persons,  company  or  corporation,  having  contracted  for  the 
furnishing  of  school  text-books  to  the  people  of  this  state  for 
use  in  the  public  schools  thereof,  shall  arrange  with  at  least 
one  dealer  or  agent  at  the  county-seat  in  each  county  of  this 
state,  and  in  each  city  of  the  first,  second  and  third  class  in 
this  state,  for  the  handling,  sale  and  exchange  of  the  school- 
books  provided  for  in  this  act.189  Such  dealer  or  agent  shall 

189.  The  contractor  is  required  to  consign  the  books  to  such  agencies. 
The  law  does  not  require  the  agent  to  purchase  the  books  from  the  con- 
tractor, but  he  is  to  hold  the  same  on  consignment. 


Ch.  34]  SCHOOL   TEXT-BOOKS,   UNIFORMITY.  195 

be  allowed  to  charge  the  people  of  this  state  a  commission 
not  exceeding  ten  per  cent  on  the  contract  price  established 
in  this  act  for  the  handling  and  sale  of  such  books ;  provided, 
that  any  person,  company  or  corporation  having  a  contract 
under  the  provisions  of  this  act  shall  be  required  to  furnish 
books  to  any  citizen  or  school  district  in  Kansas  at  the  same 
price  and  on  the  same  terms  as  provided  for  the  furnishing 
of  such  books  to  dealers  or  agents  in  cash  orders  of  not  less 
than  ten  dollars  each,  and  deliver  the  same  at  any  railroad 
station  in  Kansas  mentioned  in  such  order.  (Laws  1909  ch 
68,  sec.  1.) 

SEC.  553.  Estimates.  [7821.]  At  the  annual  school  meet- 
ing to  be  held  in  the  various  school  districts  in  this  state,  in 
1897,  and  at  each  annual  meeting  thereafter,  and  at  the  meet- 
ing of  the  board  of  education  of  cities  of  the  first  or  second 
class,  an  estimate  shall  be  made  of  the  number  of  school  text- 
books needed  in  each  of  said  schools  for  the  term  next  com- 
mencing therein,  and  the  clerk  of  each  school  district,  and 
the  clerk  of  the  board  of  education  in  each  city  of  the  first 
or  second  class,  shall  report  the  same  to  the  county  superin- 
tendent of  public  instruction  immediately,  and  not  later  than 
the  1st  day  of  August  next  thereafter ;  and  the  county  super- 
intendent of  public  instruction  shall,  as  soon  as  possible,  and 
not*  later  than  August  10  of  each  year,  and  oftener  if  the 
necessity  of  the  schools  require  it,  make  out  his  requisition 
from  the  reports  so  received,  and  from  other  sources,  and  send 
it  to  the  school-book  publisher  or  publishers  having  contracts 
under  the  provisions  of  this  act,  stating  therein  the  number 
of  books  of  each  kind  needed  for  the  schools  of  such  county. 
(Laws  1897,  ch.  179,* sec.  12.) 

SEC.  554.  District  Ownership.  [7822.]  At  any  annual  school 
meeting  of  any  school  district  in  this  state,  or  at  any  regular 
election  in  cities  of  the  first  or  second  class,  a  proposal  may 
be  submitted  to  the  district  or  city  of  the  first  or  second  class, 
as  the  case  may  be,  to  purchase,  own  and  furnish  school  text- 
books as  provided  for  in  this  act  for  use  in  the  public  schools 
thereof,  free  of  charge  to  the  pupils  of  said  school  district,  or 
cities  of  the  first  or  second  class ;  and  if  it  shall  be  found  that 
a  majority  of  the  legal  electors  in  said  school  district  or  city 
of  the  first  or  second  class  shall  have  voted  in  favor  of  district 
ownership,  then  it  shall  become  the  duty  of  the  school  board 
or  board  of  education  in  cities  of  the  first  and  second  class  to 
purchase,  furnish  and  supply  the  pupils  of  the  said  district 
or  city  of  the  first  or  second  class,  under  such  provisions  and 
regulations  as  may  be  prescribed  by  the  school-district  board, 
or  board  of  education  in  cities  of  the  first  or  second  class,  such 
text-books  as  may  be  found  necessary,  as  provided  for  in  this 
act ;  and  for  the  purpose  of  carrying  out  the  provisions  of  this 
section  the  school  board  and  the  board  of  education  of  cities  of 


196  SCHOOL  TEXT-BOOKS,   UNIFORMITY.  [Ch.  34 

the  first  or  second  class  are  hereby  empowered  to  pay  for  the 
same  out  of  any  incidental  funds  in  their  hands  belonging  to 
such  district  or  city.  (Laws  1909,  ch.  216,  sec.  1.) 

SEC.  555.  Violation  of  Contract.  [7823.]  Upon  the  filing 
of  a  written  complaint  with  the  state  superintendent  of  public 
instruction,  by  the  county  superintendent  of  public  instruction 
of  any  county  in  this  state,  or  superintendent  of  schools  of 
any  city  of  the  first  or  second  class,  charging  any  publisher 
or  publishers,  person,  company  or  corporation  with  violating 
the  conditions  of  said  contract  as  is  provided  for  in  this  act, 
the  attorney-general  is  hereby  instructed,  and  it  shall  be  his 
duty,  to  investigate  the  same,  and  if  he  finds  probable  cause 
for  action,  he  shall  immediately  begin  proceedings  in  the  name 
of  the  state  to  enforce  the  penalties  of  the  bond  or  bonds  pro- 
vided for  in  this  act;  provided,  that  in  all  actions  brought  by 
the  attorney-general  under  the.  provisions  of  this  act  no  se- 
curity for  costs  shall  be  required.  (Laws  1897,  ch.  179, 
sec.  14.) 

SEC.  556.  Term  of  Contract.  [7824.]  Every  contract  with 
any  person,  company  or  corporation,  publisher  or  publishers 
of  the  school  text-books  for  use  in  the  schools  of  this  state  shall 
be  for  five  years  from  the  date  thereof;  and  no  school-district 
board  or  board  of  education  of  any  city  of  the  first  or  second 
class  shall  adopt,  use,  or  permit  to  be  used  any  other  school 
text-books  than  those  provided  for  in  this  act;  provided,  that 
nothing  herein  contained  shall  be  construed  to  prevent  the 
teachers  and  pupils  of  this  state  from  using  any  school  text- 
book other  than  those  provided  for  in  this  act  as  reference 
books  in  such  schools;  and  provided  further,  that  nothing 
herein  contained  shall  be  construed  to  apply  to  the  use  of 
school-books  in  branches  other  than  those  mentioned  in  this 
act,  nor  shall  anything  herein  be  construed  to  apply  to  coun- 
ties now  under  contract  for  county  uniformity  of  text-books, 
until  said  contract  or  contracts  shall  have  expired,  or  with 
school  districts  or  cities  of  the  first  or  second  class  having 
such  contract  until  such  contract  shall  have  expired  according 
to  the  terms  which  have  been  agreed  to  in  writing;  and  pro- 
vided, at  the  expiration  of  such  contracts  such  counties,  school 
districts  and  cities  of  the  first  or  second  class  shall  thereafter 
be  governed  by  the  provisions  of  this  act.  (Laws  1897,  ch. 
179,  sec.  15.) 

SEC.  557.  Blanks.  [7825.]  It  shall  be  the  duty  of  the  at- 
torney-general of  the  state  to  furnish  blank  contracts  to  the 
state  superintendent  of  public  instruction  for  the  purpose  of 
carrying  out  the  provisions  of  this  act.  (Laws  1897,  ch.  179, 
sec.  16.) 

SEC.  558.  Advertise  for  Bids.  [7826.]  It  shall  be  the  duty 
of  the  superintendent  of  public  instruction  of  this  state,  so 
soon  as  this  law  goes  into  effect,  to  advertise  in  the  official 


Ch.  34]  SCHOOL  TEXT-BOOKS,   UNIFORMITY.  197 

state  paper,  for  at  least  four  consecutive  weeks,  for  bids  and 
proposals  as  provided  for  in  section  5  of  this  act.190  (Laws 
1897,  ch.  179,  sec.  17.) 

SEC.  -559.  Special  Meetings.  [7827.]  Special  meetings  of 
this  commission  may  be  held  at  any  time  on  the  call  of  the 
state  superintendent  of  public  instruction;  provided,  that 
the  first  session  of  this  commission  shall  not  continue  longer 
than  ten  days,  and  no  special  session  any  longer  than  four 
days.  (Laws  1897,  ch.  179,  sec.  18.) 

SEC.  560.  Vacancy.  [7828.]  If  any  member  of  this  commis- 
sion should  die,  or  resign,  or  become  in  any  way  incapacitated 
for  serving  on  such  commission,  the  vacancy  thereby  created 
shall  be  filled  by  appointment  made  by  the  governor  of  the 
state;  provided,  that  such  vacancy  always  shall  be  filled  from 
the  same  political  party  to  which  the  person  so  removed  be- 
longed. (Laws  1897,  ch.  179,  sec.  19.) 

SEC.  561.  Oath.  [7829.]  No  member  of  this  commission 
shall  enter  upon  the  discharge  of  his  duties,  until  he  has  taken 
and  subscribed  to  an  oath  to  support  the  constitution  of  the 
United  States,  the  constitution  of  the  state  of  Kansas,  and 
honestly  and  faithfully  fulfil  and  discharge  the  duties  of  his 
office  according  to  law.  (Laws  1897,  ch.  179,  sec.  20.) 

SEC.  562.  Penalties.  [7830.]  Any  person,  or  persons,  who 
shall  directly  or  indirectly  demand  or  receive  any  money, 
promise,  or  any  other  thing  of  value  for  any  book  or  books 
provided  for  in  this  act,  in  excess  of  the  contract  price,  to- 
gether with  ten  per  cent  herein  provided  for  for  dealers  or 
agents,  and  any  member  of  any  such  district  board,  or  any 
member  of  any  school  board  in  any  city  of  the  first  or  second 
class,  or  any  teacher  of  any  school  who  shall  adopt,  use  or 
permit  to  be  used,  or  cause  to  be  used  in  any  public  school  of 
this  state,  any  other  text-book  or  books  than  those  provided 
for  in  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  in  any  court  of  competent  jurisdiction  shall 
be  fined  in  any  sum  not  less  than  $25  or  more  than  $100,  or 
by  imprisonment  in  the  county  jail  not  to  exceed  ninety  days, 
or  by  both  such  fine  and  imprisonment;  provided,  that  in  es- 
timating the  price  at  which  the  dealer  or  agent  may  sell 
books  under  the  provisions  of  this  act,  the  total  amount  of 
each  sale  shall  not  vary  to  exceed  one-half  of  one  cent  above 
the  contract  price,  plus  ten  per  cent  provided  for  herein. 
(Laws  1897,  ch.  179,  sec.  21.) 

SEC.  563.  Commission;  Penalty^  for  Violation.  [7831.]-  Any 
member  of  the  commission  herein  established  violating  any 
of  the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  in  any  sum  not  less  than 
$100  nor  more  than  $500  and  be  imprisoned  in  the  county 

190.    Section  546  of  this  book. 


198  SCHOOL  TEXT-BOOKS,   UNIFORMITY.  [Ch.  34 

jail  for  a  term  not  less  than  one  year,  and  upon  conviction 
shall  forfeit  his  office.  (Laws  1897,  ch.  179,  sec.  22.) 

SEC.  564.  Appropriation.  [7832.]  For  the  purpose  of  pay- 
ing mileage  and  per  diem  to  the  members  of  this  commis- 
sion, printer's  fees,  postage  and  expense  of  meetings,  there  is 
hereby  appropriated  out  of  any  money  in  the  treasury  not 
otherwise  appropriated  the  sum  of  $2500,  or  so  much  thereof 
as  shall  be  necessary  to  carry  out  the  provisions  of  this  act. 
The  auditor  of  state  is  hereby  authorized  to  draw  his  warrant 
on  the  state  treasurer  for  the  amount  of  per  diem  and  com- 
pensation due  to  each  member  of  said  commission  or  to  par- 
ties performing  services  under  the  provisions  of  this  act ;  and 
provided  further,  the  sum  of  $10,000,  or  so  much  thereof  as 
may  be  needed,  is  appropriated  out  of  any  money  in  the  state 
treasury  not  otherwise  appropriated,  to  buy  manuscript  under 
the  provisions  of  this  act,  should  it  become  necessary  for  the 
purchase  of  such  manuscript  as  provided  in  this  act,  and  the 
state  treasurer  is  thereupon  directed  to  pay  such  warrant; 
provided,  such  accounts  be  verified  as  provided  in  other  cases 
and  approved  by  the  state  superintendent  of  public  instruction. 
(Laws  1897,  ch.  179,  sec.  23.) 

SEC.  565.  Additional  Texts.  [7833.]  The  School  Text- 
book Commission  provided  for  in  chapter  179,  Laws  of  1897, 
shall  be  authorized  and  empowered,  and  it  is  hereby  made 
their  duty,  to  adopt  uniform  school  text-books  for  use  in  the 
public  schools  of  the  state  of  Kansas  in  the  following  branches, 
to  wit:  A  primer,  a  primary  reading  chart,  and  a  graded 
series  of  drawing-books  or  drawing  portfolios,  geometry  (the 
work  to  include  both  plane  and  solid  geometry) ,  Latin  gram- 
mar, Latin  exercises,  Caesar,  Cicero,  Virgil,  general  history, 
history  of  Kansas,  English  history,  rhetoric,  English  litera- 
ture, botany,  zoology,  chemistry,  word  analysis,  geology,  Ger- 
man exercises,  German  grammar,  and  descriptive  astronomy; 
provided,  however,  that  no  books  shall  be  adopted  by  this 
commission  that  do  not  equal  in  subject-matter,  material, 
binding,  and  mechanical  execution,  and  approximately  equal 
in  size,  the  following  books,  viz. :  The  primer,  to  Werner's 
Primer,  and  to  contain  not  less  than  ninety-six  pages,  including 
colored  illustrations  and  number  lessons;  the  drawing-books 
or  drawing  portfolios,  to  Walter's  Industrial  Drawing;  read- 
ing chart,  to  Wooster's  Primary  Reading  Chart;  the  geometry 
(the  work  to  include  both  plane  and  solid  geometry),  to 
Phillips  and  Fisher's  Elements  of  Geometry  (abridged)  ;  the 
Latin  grammar,  to  Harkness's  Latin  Grammar;  the  Latin 
exercises,  to  Collar  and  Daniel's  First  Latin  Book;  the  Caesar, 
to  Harkness's  Caesar;  the  Cicero,  to  Allen  and  Greenough's 
Ucero;  the  Virgil,  to  Harper  and  Miller's  Virgil's  JEneid;  the 
general  history,  to  Myers's  General  History;  the  English  his- 


Ch.  34]  SCHOOL   TEXT-BOOKS,    UNIFORMITY.  199 

tory,  to  Montgomery's  English  History;  the  rhetoric,  to 
Genung's  Elements  of  Rhetoric;  English  literature,  to  Shaw's 
Outline  to  English  and  American  Literature;  the  botany,  to 
Bergen's  Elements  of  Botany;  zoology,  to  Packard's  Elements 
of  Zoology ;  chemistry,  to  Shepard's  Inorganic  Chemistry ;  geol- 
ogy, to  Dana's  Text-book  of  Geology  (Rice)  ;  word  analysis, 
to  Swinton's  Word  Analysis;  German  exercises,  to  Collar- 
Eysenbach's  German  Lessons;  German  grammar,  to  Otto's 
German  Conversation  Grammar;  descriptive  astronomy,  to 
Todd's  Astronomy.  (Laws  1899,  ch.  176,  sec.  1.) 

SEC.  566.  Prices.  [7834.]  Said  commission  shall  in  no 
case  contract  with  any  author,  publisher  or  publishers  for  the 
furnishing  of  any  book  or  books,  manuscript  or  copyright 
of  book  or  books,  which  are  to  be  sold  to  the  people  of  this 
state  for  use  in  the  public  schools  at  a  price  above  or  in  excess 
of  the  following,  which  price  shall  include  all  cost  and  charges 
of  packing,  transportation  and  delivering  of  books  to  the  re- 
tail dealers  and  purchasers  in  the  state  of  Kansas :  For  the 
primer,  12  cents;  for  the  drawing-books  or  portfolios,  10 
cents ;  for  the  geometry,  80  cents ;  for  the  Latin  grammar,  75 
cents;  for  the  Latin  exercises,  60  cents;  for  the  Caesar,  75 
cents;  for  the  Cicero,  75  cents;  -for  the  Virgil,  75  cents;  for 
the  general  history,  90  cents ;  for  the  English  history,  75  cents ; 
history  of  Kansas,  consisting  of  at  least  300  pages,  at  a  cost 
not  to  exceed  60  cents;  for  the  rhetoric,  75  cents;  for  the 
astronomy,  70  cents;  for  the  German  exercises,  70  cents;  for 
the  German  grammar,  80  cents ;  for  the  English  literature,  75 
cents ;  for  the  botany,  75  cents ;  for  the  zoology,  80  cents ;  for 
the  chemistry,  75  cents ;  for  the  geology,  80  cents ;  for  the  word 
analysis,  20  cents ;  provided,  however,  that  retail  dealers  shall 
be  entitled  to  add  ten  per  cent  to  the  above-stated  prices  as 
profit  for  handling  and  sale  of  the  books  adopted  by  the  com- 
mission in  compliance  with  the  provisions  of  this  act.  (Laws 
1899,  ch.  176,  sec.  2.) 

SEC.  567.  Advertising  for  Bids.  [7835.]  The  method  of  ad- 
vertising for  bids,  of  receiving  bids,  the  requirements  of  bid- 
ders, the  opening  of  bids,  the  awarding  and  duration  of  con- 
tracts, the  filing  and  approval  of  bonds  on  the  part  of  any  per- 
son, persons,  firm  or  corporation  who  may  desire  to  bid  or  to 
whom  a  contract  is  awarded  under  this  act,  the  delivering  of 
books  to  dealers  or  purchasers  and  the  commission  for  dealers 
shall  be  the  same  as  is  provided  in  chapter  179,  Laws  of 
1897.191  (Laws  1899,  ch.  176,  sec.  3.) 

SEC.  568.  Unlawful  to  Sell.  [7552.]  It  shall  be  unlawful 
for  any  person  to  sell  to  any  school  board  or  board  of  educa- 
tion in  the  state  of  Kansas  or  to  solicit  the  purchase  by  any 
school-district  board  or  board  of  education  of  any  chart,  map, 
globe,  or  other  school  apparatus,  except  scientific  apparatus 

191.    See  section  546  of  this  book. 


200  SCHOOL  TEXT-BOOKS,   UNIFORMITY.  [Ch.  34 

for  high  schools,  unless  the  same  shall  have  been  submitted  to 
the  School  Text-book  Commission  of  the  state  of  Kansas,  and 
by  them  approved  and  a  maximum  price  fixed  therefor.  (Laws 
1901,  ch.  308,  sec.  1.) 

SEC.  569.  Penalty.  [7553.]  Any  person  who  shall  sell  to 
any  school-district  board  or  board  of  education  of  any  city  of 
the  first  or  second  class  within  the  state  of  Kansas  any  chart, 
map,  globe,  or  other  school  apparatus,  except  scientific  appa- 
ratus for  high  schools,  which  has  not  been  approved  by  the 
School  Text-book  Commission  of  the  state  of  Kansas,  and  any 
person  who  shall  request  or  endeavor  to  persuade  any  such 
school-district  board  or  board  of  education,  or  any  member 
thereof,  to  purchase  any  chart,  map,  globe  or  other  school 
apparatus  the  sale  of  which  is  hereby  prohibited,  shall  be 
guilty  of  a  misdemeanor,  and  subject  to  a  fine  of  not  exceeding 
$200  for  each  offense.  (Laws  1901,  ch.  308,  sec.  2.) 

SEC.  570.  Maps,  Globes,  Charts,  and  Other  Apparatus. 
[7836.]  It  shall  be  unlawful  for  any  school-district  board  or 
board  of  education  of  any  city  of  the  first  or  second  class  to 
purchase  or  contract  for  any  chart,  map,  globe,  or  other  school 
apparatus,  except  scientific  apparatus  for  high  schools,  unless 
the  same  shall  have  been  submitted  to  the  School  Text-book 
Commission  at  a  regular  or  special  session,  and  by  them  ap- 
proved, and  a  maximum  price  therefor  fixed  by  said  School 
Text-book  Commission.192  (Laws  1899,  ch.  176,  sec.  4.) 

SEC.  571.  Penalties.  [7837.]  The  punishment  for  the  vio- 
lation of  the  provisions  of  this  act,  or  of  any  contract  in  pur- 
suance thereof,  or  for  the  use  of  any  book  in  the  schools  not 
provided  for  by  the  commission  in  pursuance  of  this  act, 
whether  on  the  part  of  the  commission  or  any  member  thereof, 
or  any  school  board  or  board  of  education  or  member  thereof, 
or  of  any  teacher,  shall  be  the  same  as  prescribed  in  chapter 
179,  Laws  of  1897;  provided,  that  nothing  in  this  act  shall 
be  construed  to  apply  to  any  book  used  as  a  book  of  reference. 
(Laws  1899,  ch.  176,  sec.  5.) 

SEC.  572.  Meetings.  [7838.]  The  School  Text-book  Com- 
mission shall  meet  in  regular  session  on  the  first  Monday  in 
May,  1899,  said  session  to  continue  not  longer  than  ten  days, 
and  special  meetings  may  be  held  as  provided  in  chapter  179 
of  the  Session  Laws  of  1897,  of  which  this  act  is  supple- 
mental.1* (Laws  1899,  ch.  176,  sec.  6.) 

192.  The  law  does  not  apply  to  the  purchase  of  school  furniture,  refer- 
ence books,  or  dictionaries. 

193.  See  section  559  of  this  book. 


Ch.  35] 


TOBACCO  AND   CIGARETTES. 


201 


CHAPTER  XXXV.— TOBACCO  AND  CIGARETTES. 


§575.    Penalty   for   selling   or   giving   away 
cigarettes  or  tobacco. 


§573.    Unlawful     to     sell     or     give     away 

cigarettes  or  cigarette   papers. 
574.    Penalty   for   smoking,    using   or   fur- 
nishing cigarettes  or  tobacco. 

SECTION  573.  Unlawful  to  Sell  or  Give  Away  Cigarettes  or 
Cigarette  Papers.  [2930.]  It  shall  be  Unlawful  for  any  person, 
company  or  corporation  to  sell  or  give  away  any  cigarettes 
or  cigarette  papers  or  to  have  any  cigarettes  or  cigarette  pa- 
pers in  or  about  any  store  or  other  place  for  free  distribution 
or  sale.  (Laws  1909,  ch.  257,  sec.  1.) 

SEC.  574.  Penalty  for  Sinoking  or  Using  or  Furnishing  Ciga- 
rettes or  Tobacco.  [2931.]  Every  minor  person  who  shall 
smoke  or  use  cigarettes,  cigars  or  tobacco  in  any  form  on  any 
public  road,  street,  alley,  park  or  other  lands  used  for  public 
purposes,  or  in  any  public  place  of  business,  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  shall  be  punished  for 
each  offense  by  a  fine  of  not  more  than  ten  dollars,  and  every 
person  who  shall  furnish  cigarettes,  cigars  or  tobacco  in  any 
form  to  such  minor  person,  or  who  shall  permit  such  minor 
person  to  frequent  any  premises  owned,  held  or  managed  by 
him,  for  the  purpose  of  indulging  in  the  use  of  cigarettes, 
cigars  or  tobacco  in  any  form,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  punished  by  a  fine  of  not  less 
than  $25  nor  more  than  $100.  (Laws  1909,  ch.  257,  sec.  2.) 

SEC.  575.  Penalty  for  Selling  or  Giving  Away  Cigarettes  or 
Tobacco.  [2932.]  Every  person,  company  or  corporation  vio- 
lating any  of  the  provisions  of  section  1  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be 
fined  not  less  than  $25  nor  more  than  $100.  (Laws  1909,  ch. 
257,  sec.  3.) 


202 


WARRANTS  AND   BONDS  LOST  AND  DESTROYED.    [Ch.  36 


CHAPTER  XXXVL— WARRANTS  AND  BONDS  LOST  AND 
DESTROYED. 


§576.    Duplicates   may   be   issued. 
577.    Mutilated   warrant   or   bond. 
678.    Affidavit  and  bond. 


§579. 
530. 


Correspond   with   original. 
Record  of  duplicates. 


SECTION  576.  Duplicate  May  be  Issued.  [638.]  Whenever 
any  bond  or  warrant  of  the  state  or  territory  of  Kansas,  or 
any  county,  city,  township,  or  school  district,  shall  become 
so  far  mutilated  as  to  become  unfit  for  circulation,  or  shall 
be  lost  or  destroyed,  a  duplicate  thereof  may  be  issued  by 
the  officer  authorized  by  law  to  issue  such  bonds  or  warrants, 
under  the  regulations  and  restrictions  hereinafter  prescribed. 
(G.  S.  1868,  ch.  15,  sec.  1.) 

SEC.  577.  Mutilated  Warrant  or  Bond.  [640.]  On  the  de- 
livery to  the  proper  officer  of  any  mutilated  bond  or  warrant, 
a  duplicate  of  such  bond  or  warrant  shall  be  issued  as  herein 
provided.  (G.  S.  1868,  ch.  15,  sec.  3.) 

SEC.  578.  Affidavit  and  Bond.  [561.]  A  duplicate  for  a 
lost  or  destroyed  bond  or  warrant  shall  not  be  issued  until 
there  shall  have  been  filed  with  the  proper  officer  an  affidavit 
of  some  person  knowing  the  facts,  setting  forth  the  owner- 
ship of  such  bond,  the  description  thereof,  the  number  of 
coupons  thereto  attached,  and  the  manner  of  its  loss  or  de- 
struction, and  until  there  shall  have  been  executed  and  filed 
with  the  same  officer  an  indemnifying  bond,  with  securities 
to  be  approved  by  such  officer,  in  a  sum  equal  to  double  the 
^amount  of  such  warrant  or  bond  and  the  coupons  attached, 
conditioned  that  the  parties  thereto  shall  pay  all  damages 
which  the  state,  county,  city,  township,  or  school  district,  as 
the  case  may  be,  may  sustain  if  compelled  to  pay  such  lost  or 
destroyed  bonds  or  coupons.  (G.  S.  1868,  ch.  15,  sec.  4.) 

SEC.  579.  Correspond  with  Original.  [639.]  Such  duplicate 
shall  correspond,  in  number,  date,  amount  and  coupons,  with 
the  original  bond  or  warrant,  and  shall  have  indorsed  on  its 
face,  and  on  the  face  of  each  coupon,  by  the  officer  issuing 
the  same,  the  word  "Duplicate,"  together  with  the  date  of  its 
issuance.  .(G.  S.  1868,  ch.  15,  sec.  2.) 

SEC.  580.  Record  of  Duplicates.  [642.]  Any  officer  issuing 
•duplicates  under  this  act  shall  keep  a  record  showing  the 
numbers,  dates  and  amounts  of  such  mutilated,  lost  or  de- 
stroyed bonds  or  warrants,  and  the  number  of  coupons  thereto 
attached,  together  with  the  date  of  issuance  of  the  duplicate 
therefor,  and  the  names  of  the  persons  to  whom  issued.  (G. 
:S.  1868,  ch.  15,  sec.  5.) 


Ch.  37] 


WARRANTS,   REGISTRATION   OF. 


203 


CHAPTER  XXXVII.— WARRANTS,  REGISTRATION  OF. 


§581.  How   and  to   whom  drawn. 

582.  Shall  be  sworn  to  before. 

583.  Shall   be   signed   by   and   attested   by. 

584.  Record   of  all   warrants. 

585.  All    warrants    countersigned    by.' 


§586.  Payment   of    warrants. 

587.  Indorsed   when    no   funds. 

538.  Publication  of  lists. 

589.  Deliveiy  of  books  to  successor. 

590.  Penalty. 


SECTION  581.  How  and  to  Whom  Drawn.  [7263.]  All  war- 
rants shall  be  drawn  to  the  order  of  the  person  or  persons 
entitled  to  receive  the  same,  and  shall  specify  the  nature  of 
the  claim  or  service  for  which  they  were  issued  and  out  of 
what  funds  payable;  and  the  term  "warrants,"  as  used  in 
this  act,  shall  be  understood  to  include  all  orders  of  any  kind 
or  description  authorized  by  law  to  be  drawn  on  public  treas- 
urers for  money  payments.  (Laws  1891,  ch.  249,  sec.  1.) 

SEC.  582.  Sworn  to.  [7264.]  No  warrants  shall  be  issued 
except  under  due  authority  as  provided  by  law;  and  no  war- 
rants shall  be  issued  or  authorized  by  any  board  of  county 
commissioners,  city  council,  township  board,  school-district 
board,  or  board  of  education,  except  on  audited  account  duly 
itemized  in  writing  and  verified  by  affidavit,  setting  forth 
that  the  same  is  just  and  correct  and  remains  due  and  un- 
paid; and  for  the  purpose  of  such  affidavit,  the  chairman  of 
the  county  board,  the  mayor  of  the  city,  the  township  trustee, 
the  director  of  the  school  district,  and  the  president  of  the 
board  of  education,  and  the  respective  clerks  thereof,  shall 
have  power  to  administer  oaths.  (Laws  1891,  ch.  249,  sec.  2.) 

SEC.  583.  Signed  and  Attested.  [7265.]  County  warrants 
shall  be  signed  by  the  chairman  of  the  board  of  county  com- 
missioners, and  attested  by  the  clerk;  city  warrants  shall  be 
signed  by  the  mayor,  and  attested  by  the  city  clerk;  town- 
ship warrants  shall  be  signed  by  the  township  trustee,  and 
attested  by  the  township  clerk;  school-district  warrants  shall 
be  signed  by  the  director,  and  attested  by  the  clerk;  board 
of  education  warrants  shall  be  signed  by  the  president,  and 
attested  by  the  clerk.  (Laws  1891,  ch.  249,  sec.  3.) 

SEC.  584.  Record.  [7266.]  The  clerk  of  every  county, 
township,  city,  school  district,  or  board  of  education  shall 
keep  a  correct  record  of  all  warrants  drawn  on  the  treasury 
of  such  county,  township,  city,  school  district,  or  board  of 
education,  showing  the  number,  date  and  amount  thereof,  on 
what  fund  drawn,  and  the  name  of  the  person  or  persons  to 
whom  the  same  are  made  payable.  (Laws  1891,  ch.  249, 
sec.  4.) 

SEC.  585.  Countersigned.  [7267.]  Before  delivering  any^ 
warrant  to  the  person  or  persons  for  whose  benefit  the  same 
is  drawn,  the  clerk  shall  present  the  same  to  the  treasurer,. 


204  WARRANTS,   REGISTRATION   OF.  [Ch.  37 

who  shall  enter,  in  a  book  by  him  kept  for  that  purpose,  the 
number,  date  and  amount  of  such  warrant,  on  what  fund 
drawn,  and  the  name  of  the  payee,  and  thereupon  counter- 
sign the  warrant  upon  the  face  thereof.  (Laws  1891,  ch.  249, 
sec.  5.) 

SEC.  586.  Payment.  [7268.]  It  shall  be  the  duty  of  the 
treasurer  of  any  county,  city,  township,  school  district  or 
board  of  education  to  pay  on  presentation  any  warrant  prop- 
erly drawn  on  any  fund  in  his  custody  by  virtue  of  his  office, 
and,  when  paid,  write  across  the  face  of  such  warrant  the 
word  "Paid"  in  red  ink,  and  sign  the  same;  provided,  that 
there  is  sufficient  money  in  his  possession  belonging  to  the 
fund  upon  which  such  warrant  is  drawn  to  pay  the  same. 
(Laws  1891,  ch.  249,  sec.  6.) 

SEC.  587.  Indorsed.  [7269.]  In  case  there  is'not  sufficient 
money  in  the  hands  of  such  treasurer  to  pay  any  warrant  when 
presented,  he  shall  indorse  thereon  a  proper  registered  num- 
ber, in  the  regular  order  of  its  presentation,  and  the  words, 
"Presented  and  not  paid  for  want  of  funds,"194  with  date,  and 
sign  said  indorsement;  and  he  shall  record  in  his  warrant 
register  the  number,  amount  and  date  of  all  such  warrants, 
to  whom  payable,  and  the  date  when  presented  for  payment, 
and  their  registered  number  as  indorsed  thereon,  and  such 
warrants  shall  be  paid  in  the  order  of  their  presentation  as 
shown  by  such  register;  and  no  warrants  shall  be  received 
for  taxes  by  any  county  treasurer  unless  he  shall  have  in 
cash  a  sufficient  sum  to  redeem  all  warrants  having  such 
priority  over  the  warrants  so  offered  for  taxes.  (Laws  1891, 
ch.  249,  sec.  7.) 

SEC.  588.  Publication  of  Lists.  [7270.]  It  shall  be  the  duty 
of  any  treasurer,  whenever  any  money  comes  into  his  hands 
by  virtue  of  his  office,  to  set  apart  a  sufficient  sum  to  pay  any 
or  all  warrants  that  have  been  registered  in  compliance  with 
the  provisions  of  this  act,  and  to  keep  the  same  until  called 
for;  and  it  shall  be  the  duty  of  every  county,  township  and 
school-district  treasurer  to  publish  in  the  official  county 
paper,  and  of  every  city  treasurer  and  board  of  education  to 
publish  in  the  official  city  paper,  between  the  1st  and  15th 
days  of  February  and  August  in  each  year,  a  call  for  the  re- 
demption of  such  warrants  as  he  can  pay,  describing  the  war- 
rants by  giving  their  issue  number,  register  number,  and 
amount;  and  interest  shall  cease  on  each  of  said  warrants  on 
and  after  such  publication.  (Laws  1891,  ch.  249,  sec.  8.) 

SEC.  589.  Books  Delivered.  [7271.]  Every  county,  city  and 
township  treasurer  and  every  treasurer  of  a  school  district  or 
board  of  education  shall,  upon  the  expiration  of  his  term  of 
office,  deliver  to  his  successor  the  warrant  register  containing 

194.     Such  warrants  bear  six  per  cent  interest  until  paid. 


Ch.  37]  WARRANTS,   REGISTRATION   OF.  205 

the  list  of  warrants  originally  recorded  and  countersigned, 
and  presented  and  registered,  who  shall  in  all  things  act  as 
though  the  entries  of  such  warrants  were  made  by  himself. 
(Laws  1891,  ch.  249,  sec.  9.) 

SEC.  590.  Penalty.  [7272.]  Any  officer  of  any  county,  city, 
township,  school  district  or  board  of  education  who  shall  sign 
or  attest  any  warrant  not  duly  authorized  by  the  proper  board 
or  city  council,  and  any  treasurer  who  shall  countersign  any 
warrant  not  theretofore  signed  and  attested  by  the  proper 
officers  as  required  in  this  act,  shall  be  liable  to  the  county, 
city,  township,  school  district  or  board  of  education  in  the  sum 
of  such  warrant ;  and  any  such  officer  who  shall  violate  any  of 
the  provisions  of  this  act  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  fined  in  a  sum  of 
not  less  than  $50  nor  more  than  $500.  (Laws  1891,  ch.  249, 
sec.  10.) 


206  WATER-€LOSETS.  [Ch.  38 


CHAPTER  XXXVIII.— WATER-CLOSETS. 

SECTION  591.  Building  and  Maintaining.  [7747.]  That  the 
school  boards  and  boards  of  education  having  supervision  over 
any  school  district  in  this  state  shall  provide  and  maintain 
suitable  and  convenient  water-closets  for  each  of  the  schools 
under  their  charge  or  supervision.  There  shall  be  at  least  two 
in  number,  which  shall  be  entirely  separate  from  each  other. 
It  shall  be  the  duty  of  the  officers  aforesaid  to  see  that  the  same 
are  kept  in  a  neat  and  wholesome  condition;  and  failure  to 
comply  with  the  provisions  of  this  act  by  the  aforesaid  officers 
shall  be  grounds  for  their  removal  from  office.  (Laws  1891, 
ch.  197,  sec.  1.) 


INDEX. 


Pflr.  Sec. 

Absence,  must  be  reported 45  91 

Accounts  of  district  officers,  examined  by  county  supt 50  104 

Act  of  admission,  grant  of  land  for  educational  purposes ....  7 

Accredited  colleges,  notes  on  board's  requirements 33  67 

Additional  state  certificates 28  47 

Additional  texts 198  565 

Additional  texts,  prices  for 199  566 

Adjacent  territory  may  be  attached,  city  second  class 153  424 

Adjustment,  properly  annexed  territory ;  appeal 177  496 

Advertise  for  bids,  text-books 196  558 

Advertisement  for  bids,  text-books 199  567 

Agencies,  sale  of  books,  established 194  552 

Agencies,  sale  of  text-books 194  552 

Aggrieved  persons  may  appeal 58  121 

Agriculture  and  domestic  science,  appropriation  for 131  366 

Agricultural  College: 

county  examination  at   35  70 

graduates  entitled  to  credits  for  state  certificates 31  57 

loan   commissioner  abolished 184  520 

president  member  State  Board  of  Education 27  45 

Aid  to  high  schools 100  264 

Alcoholic  stimulants,  effects  of: 

pupils  shall  be  instructed  in,  teachers  examined  in 40  85 

Annexation  of  school  districts. 62  137 

division  of  districts  annexed 63  138 

Annexation  of  territory  to  city 177  494 

appeal    . 177  496 

duty  of  county  superintendent 177  495 

Annual  meeting: 

discontinue  school 83  205 

school  districts,  date  of 172  482 

send  children  to  other  districts 83  206 

estimates  of  text-books  needed 195  553 

Annual  school  fund — state: 

apportionment.     (See  Apportionment.) 

cities  entitled  to  proportional  share 179  504 

composed,  how 189  536 

districts  not  to  receive 52  105 

insurance  companies  contribute  to 189  541 

state  treasurer  to  pay  to  county  treasurer. 189  539 

state  treasurer  to  receive  and  hold 189  537 

(207) 


208  INDEX. 

Annual  report:                                                                                            Pa-  Sec. 

clerk  of  joint  district 79  187 

county  superintendent  to  state  superintendent 54  110 

district  clerk  to  county  superintendent 78  184 

trustees  of  county  high  school 98  251 

Annual  taxes,  city  first  class 144  397 

Apparatus : 

approval  of 200  570 

unapproved,  penalty  for  sale  of 200  569 

unlawful  to  sell 199  568 

Appeal : 

aggrieved  persons 58  121 

adjustment,  annexed  territory 177  496 

decision  of  county  superintendent  dividing  property 177  496 

decision  of  county  superintendent  forming  or  altering  dis- 
trict       58  121 

suspended  pupil,  to  county  superintendent 86  214 

to  state  superintendent,  in  case  of  joint  district 170  480 

Appendages  to  schoolhouse  provided  by  district  board 86  213 

Appointments : 

assistant  state  superintendent  of  public  instruction 167  469 

clerk  school-fund  commissioners 167  469 

deputy  county  superintendent 63  139 

librarian,  by  district  board 126  351 

trustees  county  high  school 93  236 

vacancy  in  district  board 56  115 

vacancy  in  office  of  county  superintendent 56  116 

Apportionment  of  school  funds: 

cities  shall  receive 179  504 

county  superintendent 52  105 

graded  school  district 178  499 

high-school  fund 101  269 

state    superintendent 167  470 

union  school  district 178  501 

Appraisement : 

schoolhouse    175  490 

schoolhouse  site 175  492 

schoolhouse,  change  of  site 175  491 

Appraisers : 

schoolhouse    site 175  492 

Appropriation  for  industrial  training 109  303 

Appropriation  for  Text-book  Commission 198  564 

Approval  of  college  course  of  study 28  48 

Art  gallery,  Aplington 123 

use   of 123  342 

part  of  traveling  library 123  343 

management  of 123  343 

Assessors  furnish  map  of  district,  by  county  superintendent. .       53  107 


INDEX.  209 

Assistant  state  superintendent  of  public  instruction:                      pg.  sec. 

appointment   167  469 

duties    167  469 

oath    167  469 

state  superintendent  responsible  for  acts  of 167  469 

Asylums,  children  in,  education  of 46  95 

Attachment  of  territory: 

city  of  first  class 142  389 

Attached  territory,  city  of  second  class 153  424 

detachments  by  county  superintendent ,.   154  426 

taxation  of 153  425 

Attendance  at  school,  compulsory 42  87 

Attendance  in  other  districts 83  206 

Attorney-general : 

advise  state  superintendent 168  472 

collect  money  due  the  state 184  517 

member  Board  of  School-fund  Commissioners 180  506 

Auditor  of  state: 

cancellation  of  bonds  and  coupons 187  530 

funding  bonds  stamped  by 187  534 

indorsement  of  bonds 187  534 

register  all  bonds  of  school-fund ' 186  527 

register  bonds  purchased  by  School-fund  Gommissioners ....   186  528 

register  compared  with  bonds  in  treasurer's  hands 187  531 

Barnes  high-school  law 100  264 

Barnes  high  schools: 

apportionment  of  funds 101  269 

Barnes  law  in  effect  in  certain  counties 103  277 

county  superintendent  shall  certify  to  county  clerk 102  272 

county  treasurer  to  pay  taxes  collected 104  278 

course  of  study 102  274 

funds   collected 101  268 

levy,  limitation - 101  266 

levy  made,  when 101  267 

may  receive  county  aid 100  264 

penalty  county  treasurer  not  paying  over  money 104  279 

principal  shall  make  report 102  271 

some  cities  and  counties  exempt 103  275 

tuition  free 102  273 

when  in  force 103  276 

Bible  may  be  read  in  schools 146  406 

157  443 

Biennial  report  of  state  superintendent 169  477 

Bids,  text-books,  advertisements  for 196  558 

how  submitted 191  546 

when    opened 191  547 

Blanks  for  common  schools 168  473 

distribution  by  county  superintendent 168  473 

forwarded  to  county  superintendent 168  473 


210  INDEX. 

Blanks  for  common  schools — concluded.                                             Pg.  Sec. 

for  text-book  contract 196  557 

furnished  by  state  superintendent 168  473 

published  by  state  superintendent 168  473 

Blind,  deaf,  mute,  must  be  instructed 46  93 

Board  of  education,  cities  of  first  class: 

compensation    144 

duties  and  powers 143  390 

expenditures 146  405 

meetings    145  403 

Board  of  education,  cities  of  second  class  : 

children  under  seven  years  may  be  excluded  from  school, 

when  152  423 

clerk,  bonds 155  433 

examining  committee 138  380 

free   schools 152  423 

meetings    156  440 

oath  taken  by  each  member 156  438 

powers 155  430 

president 155  431 

report,   annually 157  441 

Bonds,  school: 

and  register,  compared  annually 187  531 

application  to  vote  additional 11  6 

building  purposes  for  county  high  schools 99  260 

cancellation  of 16  19 

canceled  by  auditor  of  state 187  530 

cities  of  the  first  class: 

election;    limitation 147  409 

interest  and  sinking-fund,  levy  for 148  411 

issued  for  what  purposes .' 146  408 

issued,  how 147  410 

refunding 149  416 

registry  by  board  of  education 149  415 

417 

security  of 149  414 

tax  levy  for 149  418 

use  of  money. 150  420 

cities  of  the  second  class : 

borrow  money  and  issue  bonds,  board  authorized  to 158  447 

bonds  or  warrants  issued  for  building  purposes 160  453a 

bonds  issued  to  pay  outstanding  warrants 160  4536 

bonds,  denominations;  payment;  signatures 160  453c 

bonds,  sale  of 160  453d 

tax  for  bond  interest  and  sinking-fund 160  453e 

election 157  444 

execution    157  445 

interest  limited  to  five  per  cent 158  447 

issued  for  what  purpose .   153  447 


INDEX.  211 

.Bonds,  school : 

cities  of  the  second  class — concluded.                                           pg,  sec. 

issued,  when f 158  447 

registry    , 159  451 

consolidated,  to  be  registered     186  526 

consolidation  of 186  525 

county  high  school,  illegal  use  of  proceeds  of 100  263 

county  high  school,  limitation  as  to  amount 100  262 

disorganized  district 24  39 

election    10  2 

99  261 

election,  petitioned  for 99  261 

exchanged  by  commission 187  533 

funding,  to  be  stamped 187  533 

funding,  record  of  proceedings 187  535 

funding,  what  may  be  purchased 187  533 

hearing  of  application 12  7 

indorsed  by  auditor 187  534 

installment 21  29 

issuance  for  county  high-school  building 100  264 

issued  for  payment  of  outstanding  warrants 18  24 

limitation  of  issue: 

city,  school  district,  and  board  of  education 17  23 

county  and  township 17  23 

school  district 9  1 

limitations   modified '. 11  4 

maturity  of,  duty  of  state  treasurer 15  17 

offer  to  School-fund  Commissioners  compulsory 15  note 

or  warrants,  lost  or  destroyed 202  576 

paid  and  canceled 187  530 

payable  a.t  state  treasury 15  16 

payment  of,  before  maturity 15  14-15 

payment  for  outstanding  warrants,  bonds  issued  for 18  24 

purchased  by  Commissioners,  to  be  registered . . . , 186  528 

rate  and  time,  exchanged  bonds 187  533 

record  kept  of  offers  to  School-fund  Commissioners 180  509 

Bonds,  school: 

refunded 17 

cannot  increase  indebtedness 19  26 

how  and  when  issued 17  23 

how   canceled    18  25 

must  be  preserved  18  25 

registered 18  25 

signed   by   whom 17  22 

sale  of,  certain,  to  School-fund  Commission 184  518 

school-district : 

denominations   11  3 

election  . 11  3 

interest   . 11  3 


212  INDEX. 

Bonds,  school: 

school-district — concluded.  Pg.  Sec. 

issued  for  payment  of  outstanding  warrants 18  24 

issued  for  what  purposes 9  1 

paid,  shall  be  canceled  and  destroyed 14  13 

penalty  for  wrongful  issue 14  12 

registration   12  8 

sinking-fund  invested  in    13  11 

Bond,  official : 

clerk,  board  of  education,  city  of  first  class 143  393 

clerk,  board  of  education,  city  of  second  class 155  433 

county  superintendent  public  instruction 50  103 

district  treasurer   80  194 

state  superintendent  public  instruction 169  467 

treasurer  board  of  education,  cities  of  first  class 143  394 

treasurer  board  of  education,  cities  of  second  class 80  194 

Bonded  indebtedness  of  disorganized  districts,  how  disposed  of,     23  36 

62  134 

Bonded  indebtedness  of  merged  districts  may  be  refunded ....  22  33 

Bonded  indebtedness  may  be  refunded 16  21 

Bonus,  penalty  for  receiving,  from  publisher '.  89  220 

Books  sent  out  by  traveling  library 123  341 

Boundaries  of  school  districts: 

changing  by  county  superintendent 57  120 

description  furnished  county  clerk  by  county  superintendent,  53  106 

for  county  clerk  53  106 

map  of,  furnished  assessors  by  county  superintendent 53  107 

Boundaries  of  consolidated  districts  recorded 66  150 

Boundary  lines  reestablished 53  108 

Boundary  lines  reestablished  in  case  of  error 53  109 

Branches  required,  district  schools 70  162 

Buildings : 

cities  of  first  class,  bonds  voted  for 146  408 

cities  of  second  class,  bonds  voted  for 158  447 

county  high  school 95  244 

school  district,  bonds  voted  for. 9  1 

Business  colleges: 

notes  void,  when 26  44 

penalty '. 25  43 

permit  to  be  shown  by  agent 25  42 

permit  to  canvass 25  40 

revocation  of 25  41 

Canceled : 

bonds  and  coupons  shall  be,  by  state  treasurer 16  19 

district  bonds,  when  paid 14  13 

Cancellation  of: 

bonds   .' 16  19 

paid  bonds  and  coupons 187  530 

state  certificates,  when   30  55 

Census,  annual,  how  made 46  92 


INDEX.  213 

Pg.  Sec. 

Census,  oath  of  parents,  penalty 46  92 

Certificates 27 

cancellation    40  83 

30  55 

candidates  for,  recorded  by  county  superintendent 50  104 

county,  grades  of 37  78 

county,  issued  only  upon  examination 39  82 

course  of  study,  approval  of 28  48 

districts  employing  ten  or  more  teachers 40  86 

examination  questions,  unlawful  use  of 37  75 

examinations ;  standard ^ 29  49 

examiners  exempt ? 37  75 

indorsement  of,  other  counties 40  83 

institutions  to  which  the  provisions  may  extend 29  51 

issued  29  50 

life,  shall  be  void  when 30  54 

normal  institute 127  353 

normal  school  diploma  shall  be 32  61 

of  force,  county  where 40  83 

other  states,  recognized 30  53 

penalty,  unlawful  use  of  examination  questions 37  76 

professional  and  first-grade  certificates,  renewal  of 39  80 

renewal  of  professional  and  first-grade  certificate 39  80 

renewal  of  state 30  56 

31  59 
revocation    30  55 

40  84 

40  83 

state  27  45 

state  certificates  issued  to  graduates  of  certain  institutions,     29  52 

State  Normal 31  58 

state,  must  be  registered 32  62 

second  grade,  given  graduate  normal  course,  county  high 

school    97  250 

temporary 39  81 

third  grade;  second  grade;  first  grade 38  79 

valid  in  county  high  school   97  249 

Challenge  of  vote  at  district  meeting 173  486 

Changed  districts,  appeal  from 58  121 

Change  of  site  175  490 

Chief  clerk  of  state  superintendent 167  469 

Child  labor 48 

Children : 

attendance  at  school  compulsory 42  87 

certificate  of  age  required 48  98 

duties  of  inspectors 49  99 

employment  of,  under  fourteen 48  96 

employment  of,   under   sixteen 48  97 

in  asylums  to  be  educated 46  95 

penalty  for  violation  of  law 49  100 

under  seven  years  may  be  excluded,  when 152  ^   423 


214  INDEX. 

Pg.  Sec. 

Cities  of  first  class 142 

attachment  of  adjacent  territory '.  142  389 

defined 142  388 

school  elections  under  commission  system 151  421 

Cities  of  the  first,  second  and  third  class 139 

commissioners  to  appraise  and  condemn  property 139  382 

costs 141  385 

county  high  schools 141  386 

depositories  for  funds,  cities  of  second  and  third  class 141  387 

notice,  report 139  383 

right  of  eminent  domain 139  381 

title  to  land;  appeal .*. 140  384 

Cities  of  second  class 152 

adjacent  territory 153  424 

body  corporate    154  427 

borrow  money  and  issue  bonds,  board  authorized  to 158  447 

defined .* 152  422 

issue  bonds 157  444 

limitation  of  levy 156  437 

public  school  in 152 

territory  detached  by  county  superintendent 154  426 

Cities  of  third  class , 163 

become  second  class,  when 153  425 

defined    163  456 

school  area  of 163  457 

shall  be  one  district 163  457 

Cities : 

district   annexed   to '. 177  494 

entitled  to  school  fund,  when '. 179  504 

first  class,  constitute  a  school  district 145  400 

first  class,  schools  in . .' 142 

receive  proportion  of  school  fund 179  504 

second  class,  schools  in 152 

Clerk  of  board  of  education,  cities  of  the  first  class 143 

bond  of  143  393 

compensation    137  376 

member  of  board  ineligible 123  343 

register  refunding  bonds 18  25 

register  state  certificates  and  normal  diplomas 33  63 

report  registration  of  certificates  to  state  superintendent. . .     33  66 

Clerk  of  board  of  education,  cities  of  the  second  class : 

duties  156  439 

estimate  of  text-books  needed 195  55£ 

register  bonds   ; 159  451 

registering  refunding  bonds 18  25 

Clerk: 

board  of  education,  cities  of  first  and  second  class 137  378 

163  456 

county.     (See  County  Clerk.)  • 


INDEX.  215 

Clerk — concluded.                                                                                   pg,  Sec. 

district,  pro  tern 78  182 

district,  to  notify  county  superintendent 66  . 149 

graded  school  district 179  502 

joint  district,   report  of 79  187 

register  refunding  bonds    18  25 

school  district,  duty  78  182 

School-fund  Commissioners,  appointment  and  duties 167  469 

township  must  register  bonds 18  25 

Colleges : 
Common-school  fund : 

annual  (see  Annual  school  fund) 189 

commissioners 180  506 

perpetual     6 

religious  sects  shall  not  control 6 

Commission,  Text-book;   penalty 197  562 

200  569 

200  571 

Commission,    text-book 190  542 

Commissioners,  State  School-fund 180  506 

Compensation : 

county  treasurer,  school-fund,  none 69  158 

county  superintendent 55  111 

member  board  education,  none 144  395 

School-fund  Commission 185  521 

state  board 27  46 

trustees  county  high  school 98  253 

Compulsory    education 42  87 

Compulsory  attendance  at  school 42  87 

Compromised  bonded  indebtedness,  refunding  bonds  for. 17  23 

Condemning  school  sites 175  492 

Conductor  and  instructor  of  normal  institutes,  license  for 127  353 

Consolidation  of  certain  bonds 150  420 

Consolidation 65 

county  superintendent  notified 66  149 

district  board  and  district  meetings,  powers  of 66  148 

name 67  152 

procedure  in 65  145 

powers  of  district  meetings  and  of  district  board 66  148 

property  of  district 67  151 

record    of    boundaries 66  150 

temporary,  by  county  superintendent 65  144 

Consolidation  with  a  district  containing  a  graded  school 66  146 

Constitution,  educational  provisions  of 5 

Contagious  diseases,  children  infected  not  to  attend 71  166a 

1666 

Contents,  table  of 4 

Contract : 

teachers,  shall  be  written 84  209 

text-books,  terms  of 196  556 


216  INDEX. 

Contract — concluded.  Pa-  Sec. 

text-books,  blank  for 196  557 

teachers,  when  void ; 85  211 

violation  of,  text-book 197  562 

Conveyance : 

how  executed,  city  of  second  class 154  429 

property,  city  of  second  class 154  428 

pupils,  consolidated  district 66  147 

pupils,   district   schools 84  207 

208 

Corporate  body,  every  school  district 170  479 

Corporation : 

schools,  city  of  second  class  shall  be 154  427 

school  district  shall  be 170  479 

County  aid  in  counties  having  a  population  of  less  than  10,000,  104 

aid  by  county  commissioners 104  280 

collection  and  use  of  funds 105  286 

counties  exempt 106  291 

course  of  study 104  281 

duty  of  county  superintendent 106  290 

duty  of  county  treasurer 105  287 

free  tuition ;  entrance  certificate 104  282 

levy 105  285 

levy;  petition 105  289 

petition    105  284 

petition;  levy 105  289 

report  of  principal 105  288 

supervision   104  283 

County  board  of  examiners 35  68 

chairman,  county  superintendent  shall  be 35  68 

compensation 35  68 

composed,  how 35  68 

examinations    35  69 

may  hold  special  examinations 36  71 

qualifications    35  68 

quorum    35  69 

to  forward  manuscript  to  other  counties 35  70 

to  grade  manuscripts  from  other  counties 35  70 

to  grade  manuscripts  from  examinations  in  state  schools ...  35  70 

County  certificate 35 

grade  of   37  78 

indorsed  in  other  counties 35  70 

issued  only  on  examination 39  82 

third  grade;  second  grade;  first  grade 38  79 

renewal  of  professional  and  first-grade  certificates 39  80 

County  clerk: 

certify  to  county  superintendent  valuation  of  each  district . .  50  104 
description  of  school  district  boundaries,  by  county  super- 
intendent      53  106 

duty  of 68  155 


INDEX.  217 

County  clerk — concluded.                                                                      pg  SeCf 
notify  commissioners  of  vacancy  in  office  of  county  superin- 
tendent        56  116 

register  refunding  bonds 18  25 

register  school-district  bonds 12  8 

tax  levy  certified  to  by  district  clerk 87  216 

taxpayers  certified  to  by  district  clerk 79  189 

County  commissioners: 
appeal  to — 

division  of  property  by  county  superintendent 177  496 

formation  of  and  changing  of  districts 58  121 

appointment  of  county  board  of  examiners 35  68 

appointment  of  county  superintendent  to  fill  vacancy 56  116 

appointment  of  high-school  trustees 93  236 

levy  for  payment  of  merged  district  bonds 23  35 

may  provide  for  county  high  school 98  254 

may  employ  teacher  for  county  high  school 99  257 

submit  question  of  issuance  of  bonds 99  261 

tax  levy  on  depopulated  school  districts 59  124 

61  132 
county  high  school  in  counties  having  a  population  of  over 

6,000    93 

county  high  schools  in  counties  having  a  population  of  less 

than  6,000   98 

County  high  schools : 

admission  of  pupils 96  247 

at  county-seat   98  254 

building 95  244 

bonds 99  260 

courses  of  study 99  255 

established  by  election,  how 98  254 

free 99  258 

graduates  admitted  to  state  institutions 99  256 

tuition  of  pupils  from  other  counties 92  230 

counties  having  less  than  6000  inhabitants 98  254 

courses  of  instruction 96  246 

99  255 

102  274 

election 93  235 

employ  principal  96  245 

establishment 93  235 

99  255 

99  259 

first  trustees  appointed 93  236 

free  to  pupils 96  247 

99  258 

graduates,  privileges  of 97  250 

99  256 

levy 95  241 

levy  by  trustees 94  239 

non-resident  pupils 97  248 

officers,   duties   of... 94  238 

95  243 


218  INDEX. 

County  high  schools — concluded.  Pa-  Sec. 

president 94  238 

pupils  from  other  counties 

report   of  trustees 

result  of  election 

rules  and  regulations 97  249 

secretary 94  238 

taxes,  collection  of 95  242 

tax,  how  collected 92 

tax  levy 95  242 

teachers'   employment,  wages 99  257 

treasurer   94  23£ 

trustees   93  23o 

trustees  elected  when 94  237 

trustees,  report  of 

trustees,  compensation 

tuition,  from  other  counties 92  230 

vacancies,  how  filled ; 98  252 

County  examinations: 

fees  for 36  72 

grade  of  certificates 37  78 

public 35 

uniform  36  73 

County-seat  may  have,  county  high  school 98  254 

County  superintendent  of  public  instruction 50 

administer  oaths  in  certain  cases 56  118 

agent  of  State  Orphans'  Home 63  141 

aggrieved  persons,  appeal  to  county  commissioners 58  121 

aid  to  high  schools,  certificate  of 102  272 

annexation  of  school  districts 62  137 

annual  report  to  state  superintendent 54  110 

annual  school  fund  of  county,  apportionment 52  105 

appeals  to,  by  suspended  pupil 86  214 

appoints  to  fill  vacancy  in  district  board 56  115 

apportionment  of  school  funds 52  105 

attached   territory    61  131 

bond  of 50  103 

bonus  to,  forbidden 89  220 

certificate  of,  to  county  clerk 102  272 

chairman  of  county  board  of  examiners 35  68 

change  district  boundaries 57  120 

compensation 55  111 

consolidated  districts    65  144 

county  superintendent  notified  of  organization  of 66  149 

name 67  152 

deputy  may  be  appointed  by,  when 63  139 

detached  territory,  city  of  second  class 154  426 

disorganization  of  depopulated  districts 60  126 

division  of  districts  annexed 63  138 

duty  of,   where  territory  is   annexed  to   cities   of  first   or 

second  class .  177  495 


INDEX.  219 

County  superintendent/  of  public  instruction — concluded.  pg.  Sec. 

enforce  law  whe£e"clerk  fails  to  report  tax  levy 80  190 

examine   clirk's   report. 56  117 

examination,  special,  may  be  held ^.  f 36  71 

first  meeting,  notice  of 58  122 

form  districts    ^^-. ( 57  120 

furnish  description  of  district  boundaries  to  county  clerk. .  53  106 

furnish  map  of  districts  to  assessors . . .  /PT7Tv>. 53  107 

general  duties \ /-"  50  104 

indorse  certificates  from  other  counties ^ 40  83 

joint  district's,  jurisdiction  over 170  480 

miscellaneous   expenses 55  114 

neglect  duty,  penalty  for 63  140 

oath  and  bond 50  103 

other  duties 63  139 

organization  of  consolidated  district,  notified  of 66  149 

partially  depopulated  districts 60 

bonded    indebtedness 24  39 

county  superintendent  may  disorganize 60  128 

defined    61  129 

disorganized  only  on  petition 61  130 

disposition  of  funds 62  134 

disposition    of   property 62  135 

floating  indebtedness 61  132 

may  be  refunded 24  39 

orders  paid  by  county  treasurer 61  133 

territory  of  disorganized  district  not  liable '.  62  136 

territory  of  partially  disorganized  districts  attached 61  131 

president  trustees  county  high  school 94  238 

purchase  records  for  school  district 56  119 

register   Normal   diplomas 33  63 

register  state  certificates 33  63 

report  registration  of  certificates  to  state  superintendent.  33  66 

require  correct  reports  from  district  clerks 45  91 

report  of  institute  fund 128  356 

record  kept  by 50  104 

report  to  district  boards 50  104 

report  to  state  superintendent 54  110 

salary  of 55  111 

salary  schedule 55  112 

school-land  shall  not  be  purchased  by '. 63  142 

sign  order  on  depopulated  districts 60  125 

state  superintendent,  county  superintendent  and  state  treas- 
urer, duties  of 72  171 

term  of  office 50  102 

traveling  expenses 55  113 

union  institutes  held 129  359 

unlawful  to  purchase  school-lands 63  142 

vacancy  in  office  of,  filled  by  county  commissioners 56  116 


220  INDEX. 

County  treasurer:                                                                                    Pg.  Sec. 

apply  to  state  treasurer  for  moneys  due  county 189  539 

annual  school  fund  paid  to,  by  state  treasurer 189  538 

annual  school  fund  paid  to  district  treasurer  by 189  540 

bonds  and  coupons  paid  by 16  18 

county   school   fund 68 

county  school  fund,  how  constituted 68  154 

custodian  of  institute  funds 128  355 

levy  tax  for  refunding  bonds,  when 20  28 

make  financial  statement  to  district  clerk 79  185 

make  levy,   when 22  31 

no  compensation,  common-school  fund 69  158 

pay  no  money  to  district  treasurer  between  June  30  and  an- 
nual   meeting 79  186 

pay  orders,  depopulated  district 60  125 

pay  orders,  disorganized  district 61  133 

pay  taxes  levied  under  "Barnes  law" 104  278 

pay   warrants   of   county   superintendent   for   purchase    of 

records 56  119 

penalty  for  not  paying  out  money 104  279 

County   school   fund 68 

apportionment   52  105 

composed,  how 68  154 

county  treasurer  shall  collect 68  154 

penalty  for  wrongful  use  of 68  154 

unclaimed  moneys  applied  to 69  160 

Coupons,  interest 21 

canceled  by  auditor  of  state 187  530 

14  13 

21  30 

notice  of  maturity  of,  sent  by  state  treasurer 15  17 

paid  and  destroyed 21  30 

receivable  for  taxes 22  32 

Course  of  study,  county  high  school 96  246, 

Course  of  industrial  training  by  state  board 108  300 

Courses  of  instruction,  county  high  school 96  246 

99  255 

102  274 

Course  of  study  shall  contain  certain  branches 27  46 

40  86 

Course  of  study,  public  schools,  by  state  board 27  46 

Courts.     (See  Juvenile  Court.) 

Cruelty  of  teacher  ground  for  dismissal 84  209 

Custodian,   school   fund 183  515 

Damages,  county  superintendent  shall  pay,  for  neglect 63  140 

Deaf,  mute  and  blind  must  be  instructed 46  93 

Debt  of  depopulated  district,  payment  of 59  124 

Definition  of  partially  depopulated  district 61  129 

Deficiency,  board  of  education  city  of  first  class  shall  not  create,  146  408 

Depositories  for  school  funds 141  337 

Deputy  county  superintendent 63  139 


INDEX.  221 

Depopulated  district:  Pg  Sec 

defined '. 60  127 

disorganization  by  county  superintendent 60  126 

payment    debt   of 59  124 

tax  levy  to  pay  indebtedness 59  124 

when  considered  depopulated 60  127 

Destruction  of  bonds  and  coupons  when  paid: 

cities  of  first  class 148  412 

district 16  19 

refunding    21  30 

Destruction  of  property,  penalty  for 2 

Detaching  territory 58  121 

Diploma: 

state,  life,  issued  by  State  Board  of  Education 27  45 

State  Normal  School,  shall  be  certificate  to  teach 32  61 

Director,  duty  of 77  180 

Director,  school  district 77  180 

countersign  orders  on  county  treasurer 81  196 

duties 77  180 

election    76  177 

term 76  177 

suspend  pupil,  when 86  214 

Disease,  contagious,  child  affected  with,  shall  not  attend  school,  71  166a 

Disbursement  of  normal  institute  fund 128  358 

Discontinue   school,   when 74  176 

Discontinuation  of  schools,  when ;  compensation 74  176 

Dismissal  of  teacher 84  209 

Disorganized  and  consolidated  districts,  property  of 67  151 

Disorganized  territory  not  liable 62  136 

Disorganization  of  depopulated  school  district 60  126 

128 

Disorganized    district 60 

bonds   of 24  39 

floating  debt  of '. 61  132 

funds,  disposition  of 62  134 

may  be  by  county  superintendent 60  126 

orders  paid  by  county  treasurer 61  133 

territory  to  be  attached 61  131 

Disposition  of  funds,  disorganized  district .*.  62  134 

Display  of  flag 133 

District    (see  School  Districts) 170 

District  board    76 

allow  use  of  schoolhouse  by  societies,  etc 82  202 

appendages  for  schoolhouse,  provided  for  by 86  213 

appoint   librarian 126  351 

build  the  schoolhouse 82  200 

care  of  schoolhouse 82  201 

clerk  of  the  board 78  182 

contracts   void 85  211 

discontinue  schools;  send  children  to  other  districts 83  205 


222  INDEX. 

District  board — concluded.  Pa-  Sec. 

dismiss  teacher,  in  conjunction  with  county  superintendent. .  84  209 

employ  qualified  teachers 84  209 

employment  of  relatives 85  210 

execute  lawful  orders  of  the  district 82  200 

meetings,   annual,   etc 172  482 

179  505 

non-resident  pupils  admitted  by 83  204 

penalty  for  refusing  child  admittance  to  school 70  165 

procure  site 82  200 

provide  schoolhouse 82  200 

school    duties 86  215 

send  children  to  other  districts 83  206 

special  district  meeting  called  by 172  483 

suspend  pupil 86  214 

union  school  district 178  497 

visit  and  inspect  school 86  215 

District,  city  of  third  class  shall  include 163  457 

District  clerk: 

annual    report 78  184 

clerk  of  the  board 78  182 

draw  orders  on  the  treasurer 78  183 

duty   78  182 

77  181 

election    76  177 

enumerator  of  districts 46  92 

78  184 
joint  district,  report  children  to  both  county  superintendents,  79  187 

librarian 126  351 

penalty  for  failure  to  report  tax  levy 80  190 

penalty  for  false  report 79  188 

penalty  for  failure  to  deliver  records 80  193 

register  refunding  bonds 18  25 

report  commencement  of  school  term. 80  191 

report  indebtedness  to  county  clerk 80  192 

report  to  county  clerk 79  189 

report  of 78  184 

report  to  county  superintendent 56  117 

report  names  of  district  officers  to  county  superintendent. . .  80  191 

report  tax  levy  to  county  clerk 87  216 

report  taxpayers  to  county  clerk 79  189 

shall  keep  record 77  181 

treasurer  of  county  to  notify 79  185 

District: 

composed  of  city  of  first  class 145  400 

depopulated,  when   60  127 

formed  or  changed 57  120  , 

ownership  of  text-books 195  554 

partially  depopulated,  may  be  disorganized 60  128 

taxes,  levied  and  not  collected 81  197 


INDEX.  223 

District  meetings:  pg.  sec. 

annual   172  482 

challenge  at 173  486 

first,  notice  of 58  122 

length  of  school  term  may  be  fixed  by 174  489 

notice  of 172  484 

powers  of 173  487 

qualified  voters  at 173  485 

special   172  483 

District    officers 76 

directors    77  180 

forfeiture  of  office \ 77  179 

names  of,  reported  by  clerk  to  county  superintendent 80  191 

oath  of  office 77  178 

penalty  for  refusing  child  admittance  to  school 70  165 

term  of  office  and  election 76  177 

District  treasurer: 

bond 80  194 

duties    81  195 

failure  to  turn  over  money;  penalty 82  199 

pay  out  money  on  order  of  clerk  and  director 81  195 

receive  school  money 81  196 

receive  money   81  196 

189  540 

records  and  reports 81  198 

record  money  received  and  disbursed 81  198 

records  delivered  to  successor;  penalty  for  failure.  . 82  199 

report  to  annual  meeting 81  198 

District  school: 

branches  taught    70  162 

contagious    diseases 71  166a 

discontinuance   83  205 

free  to  children  between  the  ages  of  five  and  twenty-one. ...  70  164 

school  month 70  163 

tuition    fee 71  167 

Division  of  property  with  new  district 58  123 

Domestic  science  and  agriculture,  appropriation  for 131  366 

Duties  of  county  superintendent 50  104 

Duties  and  powers,  board  df  education,  city  of  first  class 143  390 

Duties  of  state  superintendent 167  468 

Duties  of  officers,  county  high  school 95  243 

Educational  provisions : 

act  of  admission 7 

organic  act 5 

state   constitution 5 

Education,  State  Board  (see  State  Board  of  Education) 27  45 

Election : 

bond   99  260 

bonds  for  county  high-school  building 99  261 

bonds,  cities  of  second  class 157  444 


224  INDEX. 

Election — concluded.  Pg.  Sec. 

bond,  school  district 10  2 

notices 10 

petition 9  1 

county   high    school •    93  235 

99  259 

school-district  officers    76  177 

take  up  merged-district  bonds 23  37 

trustees  county  high  school 94  237 

Enumerator,  who  is,  in  districts 46  92 

Estates,  unclaimed,  to  permanent  school  fund 185  522 

Estimate  of  text-books  needed 195  553 

Examination  questions,  unlawful  use  of 37  75-77 

Examinations : 

county  high  schools 97  249 

county    35  69 

fees  for 36  72 

in  other  counties  and  at  state  institutions 35  70 

in  districts  employing  ten  or  more  teachers 40  86 

held  on  Friday  and  Saturday 35  69 

kindergarten  teachers    122  340 

papers  graded  in  other  counties 35  70 

special 36  71 

state " 27  45 

uniform    36  73 

Examiners : 

county  board  of  (see  County  Board  of) 35  68 

state  board  of  (see  State  Board  of  Education) 27  45 

Examining  committee: 

cities  of  first  and  second  class 138  380 

county  high  schools 97  249 

Exchange  of  bonds  by  School-fund  Commissioners 187  533 

Exchange  of  text-books 191  547 

Exemption  from  taxation,  school  property 146  407 

Exemption  from  taxes,  cities  of  first  class 146  407 

Exemption  from  compulsory  education 42  87 

Expenses,  miscellaneous,  county  superintendent 55  114 

Expenses,  traveling,  county  superintendent 55  113 

Expenditures : 

board  of  education,  city  of  first  class,  limit  of 146  405 

board  of  education,  city  of  second  class,  contracts 157  442 

Failure  to  make  levy  for  payment  of  refunding  bonds 20  28 

Fees : 

county  examination 36  72 

none  for  registration  of  certificates 33  65 

Females,  no  distinction  between,  and  males  in  schools 5 

Fines,  how  collected 89  219 

Fines  and  penalties  (see  Penalties) 89 

applied  to  common-school  fund 43  88 

68  156 

69  161 


INDEX.  225 

Fine  sand  penalties. — concluded.  pg,  $ec. 

collection  of  89  219 

judgments,  failure  to  make  levy  for 87  217 

officers  prohibited  from  taking  contracts,   doing  work  for 

profit,  or  furnishing  material 89  221 

Final  disposition  of  bonds 14  13 

Fire  protection: 

doors   of  schoolhouses 90  222 

exits ;  fire-escapes  90  223 

fire-drills   91  227 

furnaces 90  224 

inspection ;  duty  of  school  boards 90  226 

penalty 91  228 

plans  of  buildings  submitted  to  state  architect 90  225 

First  meeting,  notice  of 58  122 

Flag  day 133  369 

Flag,  rules  and  regulations  for  display  of 133  368 

Flag  to  be  displayed 133  367 

Floating  indebtedness  of  disorganized  districts,  how  disposed  of,  61  132 

Floating  indebtedness,  city  of  second  class,  how  bonded 160  4536 

Forfeiture : 

county  superintendent,  of  office,  when 63  140 

district  officer,  of  office,  when 77  179 

Form    of   bond    for    refunding   bonded    indebtedness,    merged 

districts 22  34 

Forming  and  changing  districts 57  120 

restrictions  on   73  174 

Fraternities,  high-school    92 

board  of  education  authorized  to  expel  members  of 92  233 

board  of  trustees  authorized  to  expel  members  of 92  233 

expulsion  for  membership  in 92  233 

unlawful  for  high-school  students  to  belong  to-. 92  232 

Free  schools,  city  of  second  class , 152  423 

Free  to  pupils  of  county,  county  high  school 96  247 

99  258 

102  273 

Free  district  schools 70  164 

Funds,  disorganized  district,  disposition  of 62  134 

Fund: 

normal  institute,  how  constituted 127  354 

State  School,  Commissioners  of 180  506 

state  permanent  school,  investment  of 181  510 

school,  due  cities,  when 179  504 

Funding  bonds  to  be  stamped 187  534 

Governor : 

appoint  members  of  State  Board  of  Education 27  45 

appoint  members  of  State  Text-book  Commission 190  542 

metes  and  bounds,  cities  of  second  class,  transmitted  to. ...  152  422 

proclamation  of,  book  contract .*  194  551 

proclamation  of,  declaring  city  of  second  class 152  422 

select  land  for  State  University 7 


226  INDEX. 


Government   of   school,    deficiencies    in,    corrected   by    county 

superintendent   ........................................  50 

Grades  of  county  certificates  ..............................  37 

Graduates  : 

county  high  school,  privileges  of  ........................  97 

99 

Graded  or  union  school  districts: 

apportionment  of  funds  to  ..............................  178 

board  of  directors  .....................................  178 

board,  duties  of  .......................................  178 

clerk,  duties  of  ........................................  179 

formation    ............................................  178 

179 

funds,  how  divided  .....................................  178 

levy  taxes  .............................................  178 

purpose  of  ............................................  178 

single  district  may  establish  ............................  179 

treasurer    .........................................  ...  179 

Graduation,  county  high  school,  college  entrance  ............  99 

Graduates  : 

county  high  school,  privileges  of  ........................  97 

99 

normal  course  .........................................  31 

High  schools: 

cities  of  first  class  ....................................  143 

cities  of  second  class  ..................................  155 

county  aid  for  .........................................  100 

102 

county  high  schools  in  counties  having  a  population  of  over 

6000    ..............................................  93 

county  high  schools  in  counties  having  a  population  of  less 

than    6000  ..........................................  98 

county  aid  in  counties  having  a  population  of  less  than 

10,000   .......  .  .  ....................................  104 

collection  and  use  of  funds  ...........................  105 

counties  exempt  .....................................  106 

course  of  study  .....................................  104 

duty  of  county  superintendent  ........................  106 

duty  of  county  treasurer  .............................  105 

free  tuition  ;  entrance  certificate  ........  ..............  104 

levy  .................  ..............................  105 

levy  ;   petition  .......................................  105 

petition  ............................................  105 

petition  ;   levy  ......................  •.  .  .  ..............  105 

report  of  principal  ..................................  105 

supervision    ........................................  104 

counties  and  cities  exempt  ..............................  103 

county  superintendent  to  certify  to  county  clerk  ..........  102 

course  of  study  ........................................  102 

funds    collected  .....  .101 


INDEX.  227 

High  schools — concluded.  Pg.  Sec. 

funds    apportioned 102  272 

levy  made 101  267 

maintenance  of,  by  county 102  272 

principals   reported 102  271 

township  high  schools 106 

admission  of  outside  pupils 107  296 

annual  meeting;  levy 107  297 

authority  to  establish 106  292 

election 106  293 

supervision ;  course  of  study 107  294 

tuition  free;  regulations . 107  295 

tuition    free 102  273 

when  in  force 103  276 

High-school  fraternities 92  232 

boards  of  education  authorized  to  expel  members  of 92  233 

boards  of  trustees  authorized  to  expel  members  of 92  233 

expulsion  for  membership  in 92  233 

unlawful  for  high-school  pupils  to  belong  to 92  232 

Hygiene : 

pupils  instructed  in,  in  all  public  schools 40  85 

teachers  examined  in 40  85 

Illegal  bonds,  penalty  for  issue 14  12 

Illegal  use  of  proceeds  of  bonds  for  county  high-school  building,  100  263 

Immorality : 

certificate  canceled  for 40  84 

pupils  suspended  for,  by  district  board 86  214 

teacher  may  be  dismissed  for 84  209 

Incorrigible  pupils , : 44  89 

Incompetency  as  teacher: 

certificate  canceled  for 40  83 

dismissal  for 84  209 

Indebtedness : 

board  of  education,  city  of  first  class,  shall  not  create 144  397 

bonded,  of  disorganized  districts 24  39 

compromised,  refunding  bonds  for 17  23 

floating,  disorganized  district,  how  disposed  of 61  132 

merged  districts    23  37 

not  increased  beyond  amount  of  refunding  bonds 19  26 

refunded    16  21 

reported  to  county  clerk 80  192 

Indorsement  of  bonds  by  auditor 182  514 

Indorsement  of  county  certificates  in  other  counties 40  83 

Industrial  education 108 

appropriation  for  ; 109  303 

course  of  study 108  300 

department  reported  to  state  superintendent 108  301 

schoolroom   for    „, 108  299 

state  aid  for 109  302 

tax  for  ..                                             108  298 


228  INDEX- 

Pg.  Sec. 

Industrial   School  pupils HO 

homes  sought  for 1 

not  properly  cared  for 110 

visited  by  county  superintendent 110  304 

Installment  bonds  may  be  issued 21  29 

Institute,  normal  (see  Normal  Institute) 127 

Institute  fund: 

created,  how 127  354 

disbursements 128  358 

report  by  county  superintendent 128  356 

state  aid  128  357 

Instructor,  normal  institute 127  353 

Insurance  company  pays  fifty  dollars  to  school-fund 189  541 

Interest : 

bonds,  cities  of  first  class,  when  paid 149  413 

bonds,  city  of  second  class,  when  paid 158  447 

credit  for  159  449 

levy  for,  city  of  first  class 148  411 

levy  for,  city  of  second  class 157  446 

payment  of,  refunding  bonds 19 

refunding  bonds,  levy  for,  in  cities  of  first  class 148  411 

refunding  bonds,  levy  for 19  27 

school-district  bonds 12  9 

Investment  of  permanent  school  fund 181  510 

Joint  districts: 

appeals  to  state  superintendent  in  formation  or  alteration  of,  170  480 

changes  in  boundary,  joint  action  of  superintendents 170  480 

formation  of 170  480 

fund   ." 171  481 

jurisdiction  of  county  superintendent  over 170  480 

levy 101  270 

report  of  children  made  to  both  county  superintendents ....  79  187 

report  of  clerk 79  187 

Judgments,  tax  levy  to  pay 87  217 

Jurisdiction  of  justice  of  peace,  limit 89  218 

Justice  of  peace: 

jurisdiction  of 89  218 

limit  of  jurisdiction 89  218 

report  to  county  superintendent  fines  collected 68  156 

Juvenile  court    Ill 

acts  not  repealed 119  327 

appeal   121  339 

appeal  to  district  court 116  318 

association  or  individual  as  guardian  of  child 114  314 

blanks  furnished  by  State  Board  of  Control 121  337 

blanks  furnished  by  county  commissioners 112  309 

care  of  child,  parental 117  321 

city  attorneys  to  aid  probation  officers 116  319 

commitment  of  child .  115  315 


INDEX.        .  229 

Juvenile  court — concluded.  Pg        Sec^ 

commitment  of  child  to  care  of  a  probation  officer 115  315 

compensation  of  probation  officer 112  309 

120  334 

complaint 113  310 

constables    • 116  319 

continuance  of  hearing 114  312 

county  attorneys  to  aid  probation  officers 116  319 

custody  of  child  during  suspension  of  sentence 118  324 

custody  of  child 114  312 

custody  revoked  by  court 115  31(5 

dependent  child  112  308 

detention  home 119  328 

detention  home,  government 119  329 

detention  home,  record  of  inmates 120  330 

delinquent  child 112  308 

fees  allowed  probate  judge Ill  307 

fees,  witness,  allowed  police  and  sheriff 121  336 

forfeiture  of  bond 118  325 

judgment  in  case  of  forfeiture  of  bond 118  326 

jurisdiction 112  308 

jurisdiction  over  child  over  sixteen 120  333 

jurisdiction  over  child  under  sixteen 116  317 

jurisdiction  of  juvenile  court 121  335 

juvenile  farm 119  328 

neglected  child 112  30o 

parents  responsible  for  delinquent  children 117  b22 

penalties  at  the  discretion  of  juvenile  court 117  320 

police  officers  to  report  arrests  of  juveniles ]  16  319 

probation  officer,  appointment,  duties  and  compensation.  . .  .  112  308 

probate  judge  the  judge  of  the  juvenile  court Ill  307 

procedure 121  338 

report,  annual,  of  judge  of  juvenile  court 120  332 

responsibility  for  delinquent  children 117  322 

summoning  of  custodian  of  child 113  311 

suspension   of  sentence 117  320 

tax  levied  for  detention  home  or  juvenile  farm 120  331 

truant  officer  as  probation  officer 112  309 

Kindergartens     122 

examination  for  kindergarten  teachers 122  340 

may  be  maintained  in  any  school  district. . . . ; 122  340 

qualifications  for  kindergarten  teachers 122  340 

school  districts  may  maintain  kindergartens 122  340 

Kansas  state  traveling  library 123 

Kansas  Traveling  Libraries  Commission 123  341 

Laws,  common  school 168  473 

Leases : 

building  for  county  high  school 95  244 

schoolhouse  site  .,  82  200 


230  INDEX. 

Legislature :  PO-  See. 

establish  common  and  high  schools 5 

make  no  distinction  between  sexes  in  schools 5 

Levy: 

"Barnes"  high   school 101  265 

building  purposes,  cities  having  7000  to  10,000  inhabitants, 

levy  for   159  452 

cities  of  first  class 145  399 

county  clerk,  excessive  levies 125  347 

county,  for  maintenance  of  high  schools .  . . 102  272 

county  high  schools   95  241 

district  schools    173  487 

general  limitations   124  344 

high  school 95  240 

increasing  the  levy 124  346 

joint  districts 101  270 

limit  of,  city  of  first  class. 144  397 

limitation,  "Barnes"  law 101  266 

limitation  of,  cities  of  second  class 156  437 

neglect  or  refusal  to  make 125  348 

penalty,  officers 125  348 

school    districts. 174  488 

Library  fund,  how  created 126  349 

Library  fund  not  used  for  other  purposes 126  350 

Libraries,  school  district 126 

district  board  shall  purchase 126  350 

librarian    126  351 

rules  and  regulations ' 126  351 

tax   levy   for 126  349 

Library,  Kansas  state  traveling 123 

books  sent  out  from 123  341 

management  of 123  341 

use   of 123  341 

Limitation  as  to  amount  of  bonds  for  county  high-school  build- 
ing      100  264 

Lincoln's  birthday 133  369 

Males,  no  distinction  between,  and  females,  in  school 5 

Malicious  destruction  of  property. . .  2 

Manual    training 108 

Manual  training,  taxed  for 108  298 

Maps,  globes,  charts,  approved  of 200  570 

Maps  of  districts  furnished  assessor  by  county  superintendent,  53  107 
Maturity : 

bonds  and  coupons,  notice  of,  sent  by  state  treasurer 15  17 

bonds,  duty  of  treasurer 15  17 

bonds  may  be  paid  before 15  14 

15  15 
Mayor : 

city  of  second  class,  certify  boundaries  to  govern 152  422 

city  of  second  class,  election  proclamation ....  157  444 


INDEX.  231 

Pg.  Sec. 

May  take  up  merged-district  bonds 23  37 

Meetings : 

board  of  education,  cities  of  first  class 145  403 

board  of  education,  city  of  second  class 156  440 

district,  notice  of 172  484 

public,  held  by  county  superintendent  in  each  school  district,  50  104 

school   district 172  482 

School-fund  Commissioners 180  507 

State  Board  of  Education 27  46 

Text-book  Commission 190  544 

200  572 

Text-book  Commission,  special 197  559 

Merged  districts: 

bonds  may  be  taken  up 23  37 

form  of  refunding  bonds 22  34 

law  governing  indebtedness 24  38 

refund  bonded  indebtedness 22  33 

refunding  bonds  may  be  taken  up 23  37 

suits   against 23  36 

Memorial  day 133  369 

Month,  school 70  163 

Moneys : 

due  school  fund,  collection  of 184  517 

from  bonds,  use,  city  of  first  class 150  420 

from  refunding  bonds,  penalty  for  wrong  use 22  31 

paid   state  treasurer 184  520 

payment  of,  county  school  fund 68  156 

unclaimed,  to   common-school   fund 69  160 

Municipal  bonds,  sale  of,  to  School-fund  Commissioners 184  518 

Minimum  term • 71 

amount  apportioned  to  each  district 73  172 

appropriation  for  state  aid -. 73  175 

county  and  state  aid 71  169 

county  superintendent  and  county  commissioners,  duties  of,  72  170 
county  superintendent,  state  superintendent  and  state  treas- 
urer, duties  of 72  171 

county  superintendent  to  provide  a  school,  when;  penalty. .  73  173 

discontinuation  of  schools,  when;  compensation 74  176 

duties  of  county  superintendent  and  county  commissioners,  72  170 
duties  of  county  superintendent,  state  superintendent  and 

state  treasurer 72  171 

formation  of  new  districts,  restrictions  on 73  174 

penalty  to  county  superintendent  to  provide  a  school,  when,  73  173 

provide  a  school  by  county  superintendent,  when;  penalty,  73  173 

restrictions  on  the  formation  of  new  districts 73  174 

schools  discontinued,  when;  compensation 74  176 

state  and  county  aid 71  163 

state  superintendent,  county  superintendent  and  state  treas- 
urer, duties  of 72  171 

term,  minimum 71  168 


232 


INDEX. 


Pg.         Sec. 

Name  and  number,  union  consolidated  school  district 67       152 

Neglect : 

county  superintendent,  to  perform  duty,  penalty 

district  officer,  to  deliver  books  to  successor 

district  officer,  to  qualify 77 

district  officer,  to  report  tax  levy 80 

officer,  to  levy  tax,  shall  be  made  succeeding  year 

teacher  may  be  dismissed  for 84       209 

Non-resident  pupils: 

a'dmitted  by  district  board 

admitted  to  county  high  school 97       248 

Non-renewable  state  certificate 31         57 

Normal    institutes I27 

conductor  and  instructors 127 

county  superintendent  shall  attend. 50       104 

custodian  of  funds 128 

disbursements    • 128 

each  county 127 

fund,  how  constituted 127       354 

held  annually 127 

monthly  reports  of  funds 128       356 

state  aid 128       357 

union,  may  be  held,  when 129       359 

Normal  training: 

academies  eligible 131       364 

appropriation 131 

appropriation  for 131 

appropriation  for  agriculture  and  domestic  science 131       366 

courses  in  high  schools 130       360 

examination ;  certificates 130       363 

rules  by  State  Board  of  Education 130       362 

state  aid : 130       361 

Notes  on  requirements  of  state  board 33         67 

Notice : 

annual  meeting,  school  district 172       484 

appeal  from  decision  of  county  superintendent  to   county 

commissioners 58       121 

appeal  to  state  superintendent,  in  case  of  joint  district 170       480 

county-high-school  election 93       235 

district   bond   election 10  2 

first  district  meeting 58       122 

maturity  of  bonds  and  coupons 15         17 

meetings  of  School-fund  Commissioners 180       507 

special  school  meeting 172       484 

Oath: 

administered  by  certain  officers;  warrants 203       582 

administered  by  county  superintendent  in  certain  cases 56       118 

administered  by  chairman  of  district  meeting 77       178 

and  bond  of  county  superintendent. . .  50       103 


INDEX.  233 

Oath — concluded.                                                                                        pg.  sec. 

district    officers 77  178 

members  of  Text-book  Commission 197  561 

members  of  board,  city  of  second  class 161  454 

state  superintendent 167  467 

Office,  state  superintendent,  where 169  475 

Officers : 

board  of  trustees,  county  high  school 94  238 

county  high  school,  duty  of 95  243 

district,  election  and  term 76  177 

official  acts,  validity  of 161  455 

official  opinion  of  state  superintendent,  to  whom  and  when 

given 168  472 

official  reports  preserved  by  state  superintendent 169  475 

union  or  graded  school  district 178  497 

Orders : 

depopulated  district  to  be  paid 60  125 

disorganized  districts,  how  paid 61  133 

drawn  by  clerk 78  183 

drawn,  how  and  to  whom 78  183 

permanent  school  fund,  drawn  when 168  471 

record  kept  by  clerk 203  584 

state  treasurer  by  state  superintendent 168  471 

Orders,  school  district: 

signed  and  attested 203  583 

sworn  to 203  582 

Organic  act,  educational  provisions  of 5 

Organization  school  district 170  478 

Other  duties,  county  superintendent 63  139 

Other  state  certificates  recognized 30  53 

Ownership,  district,  of  text-books 195  554 

Parents  and  guardians,  liability  of 42  87 

Parents  and  guardians,  liability  of,  to  educate  blind,  deaf  and 

mute    children 46  94 

Partially   depopulated   districts 60  128 

Partially  depopulated  districts  defined 61  129 

Patriotic  instruction: 

display  of  flag 133  367 

duty  of  state  superintendent 133  369 

rules  and   regulations 133  368 

patriotic    exercises 133  370 

Payable  at  state  treasury,  principal  and  interest 15  16 

Payment : 

bonds  before  maturity ; 15  15 

merged-di strict   refunding   bonds 23  35 

Penalties  and  fines '.     89 

Penalty: 

board  of  education,  cities  of  the  first  class  creating  indebted- 
ness        147  409 

canvassing  for  business  colleges  without  a  permit 25  43 


234 


INDEX. 


Penalty — concluded.  pQ-  Sec- 

collected,  support  of  common  schools 69  161 

condemning  school  sites 175  492 

county  superintendent,  neglect  of  duty 

county  superintendent  to  provide  a  school,  when 73  173 

county  treasurer,  failing  to  make  tax  levy  for  refunding 

bonds 20 

county  treasurer,  for  wrongful  use  of  school  money 68  154 

county  treasurer  not  paying  out  money 104 

district  board,  wrongful  issue  of  bonds 14 

examination  questions  used  unlawfully 37 

failure  of  district  officer  to  deliver  records  to  successor 80  193 

failure  to  pay  over  moneys 69  159 

failure  of  district  treasurer  to  turn  over  money 82  199 

failure  to  offer  bonds  to  School-fund  Commissioners 15  note 

failure  to  provide  fire  protection 91  228 

failure  to  report  tax  levy,  district  clerk 80  190 

false  report  of  clerk  to  superintendent 79  188 

neglect  of  county  superintendent 63  140 

officer  failing  to  make  tax  levy  for  refunding  bonds 19  27 

receiving  bonus  from  publisher 89  220 

refusing  child  admission  to  schools 70  165 

refusing  to  send  child  to  school 43  88 

refusal  of  treasurer  to  indorse  or  cancel  bonds 187  532 

sale  of  unapproved  apparatus 200  569 

school  officers  taking  contracts,  etc 89  221 

selling  or  giving  away  cigarettes  or  tobacco 201  575 

signing  warrants  not  properly  issued 205  590 

treasurer  failing  to  remit  money  to  state  treasurer 16  20 

use  of  unadopted  books 197  562 

violation  of  contract  price 200  571 

violation  of  law  requiring  education  of  deaf,  mute  and  blind 

children 46  94 

violation  of  tax  law 125  348 

-wrong  use  of  proceeds  of  refunding  bonds 22  31 

Permanent  school  fund: 

commissioners  (see  School-fund  Commissioners) 180  506 

composed,  how   5 

investment  of    181  510 

orders  on,  drawn  by  School-fund  Commissioners 182  514 

record  of  condition  kept  by  commissioners 182  512 

shall  not  be  diminished 5 

state  treasurer  custodian  of 183  515 

unclaimed  estates  added  to 6 

Petition : 

district  bond  election 9  l 

election,  county  high  school 93  235 

99  259 

special   district  meeting 172  482 

when  essential  to  disorganize  partially  depopulated  districts,  61  130 


INDEX.  235 

Pg.  Sec. 

Physiology  and  hygiene,  examination  in 40  85 

Physiology  and  hygiene,  pupils  instructed  in 40  85 

Powers  of  district  meeting 173  487 

Powers  and  duties,  board  of  education,  city  of  the  first  class .  .    143  390 

Powers  of  board,  city  of  second  class 155  430 

President  of  board,  city  of  first  class 143  391 

President  of  board,  city  of  second  class 155  431 

Prices,   additional   texts . 199  566 

Prices,  maximum,  text-books 199  566 

Principal : 

county  high-school,   employed 96  245 

rules  for  county  high  school  adopted  by 97  249 

Privileges;  graduation,  county  high  school 97  250 

99  256 

Proceeds  of  sale,  unclaimed  estate 185  524 

Proclamation  of  governor,  book  contract 194  551 

Property : 

conveyance  of,  city  of  second  class 154  428 

destruction  of,  penalty 2 

disorganized   district 62  135 

district,  care  of  district  board 82  201 

districts  consolidated   62  135 

division  of,  new  district 58  123 

sale  of,  city  of  first  class 145  402 

school,  may  be  sold 173  487 

Prosecution : 

bond  of  district  treasurer,  whose  duty 80  194 

district  treasurer,  for  failure  to  turn  over  money 82  199 

parent  or  guardian,  for  failure  to  send  child  to  school 42  87 

Public  examination  in  county 35  69 

Publication  of  notice  of  bond  election 99  261 

Publication  of  school  laws  and  blanks 168  473 

Public  schools: 

cities  of  first  class 134 

cities  of  second  class .*.   152 

cities  of  third  class 163 

Public  schools  in  cities  of  the  first  and  second  class 134 

board  of  education 134  371 

clerk 137  378 

election  in  1911  and  1913 134  372 

examining  committee;  teachers   138  380 

nomination  and  election 136  375 

organization  of  board 137  376 

superintendent 138  379 

text-books 136  374 

vacancies 136  373 

vacancy 137  377 

Public  schools  in  cities  of  first,  second  and  third  class: 

condemning  school   sites 139 


236  INDEX. 

Public  schools  in  cities  of  first,  second  and  third  class: 

condemning  school  sites — concluded.  Pg.  Sec. 

commissioners  to  appraise  property 139  382 

costs  of  condemnation  proceedings 141  385 

notice;  report 139  383 

right  of  eminent  domain 139  381 

title  to  land;  appeal 140  384 

trustees  of  county  high  schools  may  condemn  property.  .  141  386 

depositories  for  funds,  cities  of  second  and  third  class 141  387 

Pupils : 

appeal  of,  to  county  superintendent,  on  suspension 86  214 

conveyance  of   66  147 

84  207 

84  208 

exempt  from  truancy  law 42  87 

from  Reform  School,  when  not  well  cared  for 110  305 

in  asylums  to  be  educated 46  95 

incorrigible,  habitual  truants 44  89 

non-resident,  admitted  to  county  high  school 97  248 

suspension  of,  by  district  board 86  214 

suspension  of,  from  county  high  school 97  249 

sent  to  other  districts,  when 83  205 

83  206 

Purchase  records  56  119 

Qualified  voter  of  district  meeting 173  485 

Qualifications  of  county  superintendent 50  101 

Qualifications  for  kindergarten  teachers 122  340 

Quarterly  report  of  county  superintendent 50  104 

.Questions : 

Bounty  examination,  forwarded 36  74 

sealed   until   examination 36  74 

"Quorum,  School-fund  Commissioners 182  511 

Real  estate,  sale  of  unclaimed  estate 185  523 

Recognition  of  certificates  from  other  states 30  53 

".Records : 

apportionment  of  school  fund  kept  by  county  superintendent,  50  104 

boundaries  of  consolidated   districts 66  150 

condition  of  permanent  school  fund  kept  by  commissioners ..  182  512 

district  officers  deliver  to  successors 80  193 

-district  treasurer   81  198- 

permanent  school  fund,  where  kept 182  513 

proceedings,  purchase  funding  bonds 187  535 

•school  district,  purchased  by  county  superintendent 56  119 

School-fund  Commissioners,  bonds 187  535 

state  superintendent's  office,  as  evidence 169  476 

Hefunding  bonds: 

cities  of  first  class 149  416 

issuance,   manner  of 149  416 

registration  by  board  of  education 149  41 7 

tax   levy .  149  418 


INDEX.  237 

Refunding  bonds — concluded.  pg.  sec. 

canceled,    how , 18  25 

coupons  paid  and  destroyed ; 21  30 

compromised    indebtedness 17  23 

disorganized  districts 23  37 

indebtedness  shall  not  be  increased  by 19  26 

interest    levy v 19  27 

issued,  how  and  when 17  23 

registration    18  25 

signed,   by   whom 17  22 

sinking-fund,  levy  for 21  29 

what  indebtedness  may  be  refunded 16  21 

Refunding  indebtedness  of  merged  districts 22  33 

Registry  of  bonds: 

cities  first  class,  refunding 149  417 

consolidated    186  526 

Registration : 

bonds,  cities  of  first  class 149  415 

bonds,  cities  of  second  class 159  451 

bonds,  purchased  by  commissioners 186  528 

bonds,  refunding 18  25 

bonds,  School-fund  Commissioners 186  527 

bonds,  school  district 12  8 

warrants   204  587 

Registration  of  state  certificates  and  Normal  diplomas 32  62 

does  not  revive  lapsed  certificate 33  67 

must  be  reported  to  state  superintendent 33  66 

no  charge  for 33  65 

unlawful  to  pay  salary  if  not  registered 33  64 

Relatives,   employment  of 85  210 

Removal  of  schoolhouse  from  settler's  claim 82  203 

Renewal  of  three-year  state  certificate 30  56 

Renewable  state  certificate 29  52 

31  59 

Reports : 

board  of  education,  cities  of  first  class,  annual 146  404 

board  of  education,  cities  of  second  class,  annual 157  441 

commencement  of  school  term 80  191 

county  school  fund,  by  county  clerk 68  155 

county  superintendent,   annual 54  110 

district   clerk 78  184 

district   clerk,   annual ". 77  181 

district  clerk,  names  of  district  officers 80  191 

district  clerk,  names  of  taxpayers,  to  county  clerk 79  189 

district  clerk,  tax  levy 87  216 

district   treasurer 81  198 

indebtedness,  by  clerk,  of  municipal  corporation 80  192 

industrial  education 108  301 

institute   fund,   monthly 128  356 


238  INDEX. 

Reports — concluded.  Pa-  Sec. 

joint-district  clerk,  annual 79  187 

justice  of  the  peace,  fines  collected 68  156 

sales  of  school-land 169  477 

state  superintendent,  biennial .* 169  477 

teacher,  to  district  clerk. t  85  212 

truancy,  from  teacher. . .' 45  91 

trustees,  county  high  school 98  251 

School  lands: 

unlawful  for  county  superintendent  to  purchase 63  142 

trespassers  on 64  143 

School   month 70  163 

School  provided  by  county  superintendent,  when;  penalty.  ...  73  173 

School  property,  care  of,  district  board 82  201 

School  term: 

commencement  of,  reported  by  district  clerk 80  191 

length  of,  determined  by  district  meeting. . . . 174  489 

School   Text-book  Commission 190  542 

Security  of  bonds,  city  first  class 149  414 

Security  for  bonds,  city  of  second  class 159  450 

Sectarian  doctrine,  city  of  second  class 157  443 

Sectarian  doctrine,  city  of  first  class 146  406 

Secretary,  Text-book  Commission 193  543 

Send  children  to  other  districts,  pay  tuition 83  206 

Sinking-fund : 

interest  credited  to 13  10 

invested  in  bonds 13  n 

may  be  included  in  coupons . .  21  29 

payment  of  refunding  bonds  and  interest 19  27 

refunding  bonds,  levy,  investment 21  29 

tax  levy  for,  in  cities  of  first  class 148  411 

School-fund  commissioners : 

collect  moneys   184  517 

composed,   how    180  506 

compensation    185  521 

draw  orders  on  the  state  treasurer 182  514 

funding  bonds  purchased  by 187  533 

investment   of  funds 181  510 

meetings    180  507 

organization     , 180  506 

office  of 182  513 

purchase  below  par " 184  519 

quorum    182  511 

record  of  condition  of  school  fund  kept  by 182  512 

records   of   meetings 180  508 

record  must  be  signed 180  508 

records   of   funds 182  512 

records  in  office  of  secretary 182  513 

records  open  to  public .  182  513 


INDEX.  239 

School-fund  commissioners  —  concluded.  P0f  Sec 

record  of  bonds  offered  .................................  181  509 

record  of  bonds  bought  ................................  181  599 


,  change  of  site  .........................  175  491 

cared  for  by  disttt^jDoard  .............................  82  201 

condition  reported  to  board  by  county  superintendent  ......  50  104 

removal,  settler's  claim  .................................  82  203 

sell,  build,  hire  or  purchase  ............................  82  200 

use  of,  may  be  allowed  by  boart  .........................  82  202 

Schoolhouse  site: 

change    of    ...........................................  175  490 

condemnation  of   .....................................  175  492 

purchase  or  lease  of,  by  district  boarc    ..................  82  200 

sale  of  ............................  \  ..................  82  200 

selection   of    ..........................................  173  487 

size     .................................................  173  487 

tax   levy   for  ..........................................  173  487 

Schools    discontinued,   when  ...............................  83  205 

more  than  one  in  a  district  .............................  65  144 

School   laws,   publication   of  ...............................  168  473 

Retirement  fund  ..........................................  164 

creation   and  maintenance  ..............................  164  458 

disbursement    .........................................  164  459 

duty  of  treasurer  ......................................  166  464 

provisions  voluntary    ..................................  166  465 

refund  or  transfer  of  funds  ........  ..................  '.  .  165  462 

retirement  on  account  of  disability  or  incapacity  ..........  165  461 

retirement  with  thirty  years'  experience  ..................  164  460 

rules   and  regulations  ..................................  166  466 

term  "teacher"  defined  .................................  165  463 

Revocation  of  certificates  .................................  30  55 

40  83 

40  84 

Rules  and  regulatibns: 

board  of  education,  cities  of  first  class  ..................  143  390 

board  of  education,  cities  of  second  class  .................  155  430 

county  high  school  .....................................  97  249 

school-district  libraries    ................................  126  351 

Salary: 

board  of  examiners,  county  .............................  35  68 

county  superintendent  .................................  55  112 

treasurer  board  of  education,  cities  of  first  class  .........  143  394 

Sale: 

bonds  to  school-fund  commissioners  ......................  184  518 

schoolhouse  site  and  other  property  .....................  82  200 

school  property  in  cities  of  first  class  ....................  145  402 

unclaimed    estates    ....................................  185  522 

School  board.     (See  District  Board.) 

School  census,  requirements  ...............................  46 


240  INDEX. 

Pg.  Sec. 

School  district    170 

annexation  to  city '. 177  494 

boundaries,  description  of,  to  county  clerk 53  106 

bonds    9  1 

bond  election 10  2 

bonds,  registration  of 12  8 

changing,  by  county  superintendent 57  120 

cities  of  first  class  shall  be 145  400 

depopulated,  may  be  disorganized 60  126 

employing  ten  or  more  teachers,  examinations  in 40  86 

formation,  by  county  superintendent 57  120 

joint  (see  Joint  District) 170  480 

libraries    126 

meetings  (see  District  Meetings) 172  482 

organized,  when    170  478 

salary,  unlawful  to  pay  if  state  certificates  are  not  reg- 
istered          33  64 

shall  be  body  corporate 170  479 

union  or  graded  school  (see  Graded-school  District) 178  497 

School  fund: 

annual  (see  State  Annual  School  Fund) 189 

apportionment  of   167  470 

apportionment  of,  by  county  superintendent 52  105 

county  (see  County  School  Fund) 68 

permanent  (see  State  Permanent  School  Fund) 5 

religious  sect  shall  not  control 6 

union  or  graded  districts 178  499 

University   (see  University  Fund) 6 

School-fund  Commissioners 180 

act  in  person  only 180  506 

authority  of H  5 

bonds  purchased  by,  shall  be  registered 186  528 

bonds  may  be  consolidated 186  525 

bonds,  consolidated,  must  be  registered % 186  526 

bonds  shall  be  offered  to 184  518 

Sinking-fund : 

tax  levy  for,  in  cities  of  second  class 157  446 

use  of,  in  cities  of  first  class 148  412 

use  of,  in  cities  of  second  class 157  446 

Single  district  may  be  union  or  graded-school  district 179  505 

Site: 

change  of  175  490 

condemned,  when 175  492 

located,  how 173  437 

Site  and  buildings  for  county  high  school 95  244 

Special  school  meeting: 

called,  how  172  432 

county  superintendent  may  call,  when 172  483 

notice  of   172  434 


INDEX.  241 

Special  school  meeting — concluded.  pg,  sec. 

Text-book  Commission   197  559 

State  Board  of  Education : 

adopt  rules  for  the  examination  of  kindergarten  teachers. .  122  340 

applicants  for  certificates  examined  by 27-  46 

approval  of  course  of  study 28.  48 

certificates  canceled  by   30-  55 

40  84 

certificates  issued 29.  50 

certificates  of  other  states  recognized 30 «  53 

certificates  renewed  by 30  •  56 

certificates,  state,  issued  by 27-  45 

certificates  •  void,   when 30-  54 

composed,  how 27-  45 

course  of  study,  approval  of 28  48 

course  of  study  for  public  schools  prepared  by 27'  46 

diplomas  to  teach  for  life,  issued  by. 27-  45 

examinations ;  standard 29  •  49 

expenses  of,  paid  by  state 27.  46 

furnish    questions    for    the    examination    of    kindergarten 

teachers    122  340 

graduates  of  normal  courses 31*  57 

institutions  to  which  the  provisions  may  extend 29  51 

meetings    27  46 

prescribe  course  for  industrial  training - 108  300 

questions  for  county  examinations  prepared  by 36  73 

state  certificates  not  revived  by  registration 33  67 

State  certificate: 

additional 27  45 

canceled,  when '. 30  55 

40  84 

comments   on   requirements   of  board 33  67 

issued  to  graduates  of  certain  institutions 29  52 

issued  by  State  Normal  School 31 

non-renewable,  three  years 31  57 

registration  of • 32  62 

renewable,  three  years 30  56 

31  59 

30  55 

revoked    40  84 

void,  when 30  54 

State  Normal  School: 

certificates  granted  after  attendance  of  twenty-two  weeks,  32  61 

certificate  issued  by 31 

county  examination   at 35  70 

county-high-school  graduates  admitted  to 99  256 

diploma  from,  certificate  to  teach 32 

diploma  must  be  registered 32 

diplomas  not  valid  unless  registered 32 

not  revived  by  registration 

president  member  of  State  Board  of  Education 27  45 


242  INDEX. 

State  Normal  School — concluded.                                                          Pg.  Sec. 

renewal  of    31  59 

signed  and  registered  by  state  superintendent 32  60 

State  aid  for  industrial  training 109  302 

State  aid  to  normal  institute 128  357 

State  constitution,  educational  provisions  of 5,  6,  7 

State  treasurer : 

annual  school  fund  paid  to  county  treasurers  by 189  538 

bonds  or  coupons  paid,  canceled  by 16  19 

bonds  belonging  to  school  fund  payable  at  office  of 15  16 

custodian  of  annual  school  fund 183  515 

custodian  of  permanent,  Normal,  University  and  Agricul- 
tural College  funds 183  515 

money  to  pay  bonds  and  coupons  remitted  to 16  18 

notice  of  maturity  of  bonds  and  coupons  sent  by 15  17 

produce  bonds  and  coupons  for  comparison  with  auditor's 

register 187  531 

record  of  school  funds 183  516 

resister  orders  drawn  by  School-fund  Commissioners 182  514 

report  to  state  superintendent  amount  of  funds 183  516 

statement  to  auditor  of  amount  collected  on  bonds 186  529 

separate  account  kept  by 183  516 

State  superintendent  of  public  instruction 167 

appeal  to,  in  case  of  joint  district 170  480 

apportionment  of  annual  school  fund 167  470 

assistant  and  clerk  appointed  by 167  469 

attorney-general  shall  advise 168  472 

blanks  published  and  forwarded  to  county  superintendent  by,  168  473 

bond 167  '467 

bonus  forbidden : 89  220 

certify  copies  of  papers 169  476 

county  superintendent,  state  superintendent  and  state  treas- 
urer, duties  of 72  .  1/1 

deliver  report  to  governor 169  477 

draw  order  on  state  treasurer 168  471 

duties,  general 167  468 

examination  questions  printed  and  forwarded  by 36  73 

examination  questions  for  special  examination 36  71 

member  State  Board  of  Education 27  45 

Normal  School  diploma  and  certificate  signed  by 32  60 

oath,  official   167  467 

office  in  the  capitol 169  475 

opinions,  official 168  472 

prepare  a  flag  salute 3.33  369 

provide  for  observance  of  certain  holidays 133  369 

provide  for  patriotic  exercises 133  370 

quarterly  statement  published  of  several  funds 182  512 

records  of  School-fund  Commissioners  kept  by 182  513 

report,  biennial   169  477 

reports,  official,  preserved .    169  475 


INDEX.  243 

State  superintendent  of  public  instruction — concluded.  pg.  sec. 

school  laws,  publication  of 168  473 

secretary  Board  of  School-fund  Commissioners 180  506 

supervise  educational  interests 167  468 

visit  each  county  in  the  state  once  in  two  years 168  474 

State  not  liable,  book  contracts 194  550 

State  permanent  school  fund,  investment  of 181  510 

State  University: 

chancellor  member  of  State  Board  of  Education 27  45 

county  examination,  at 35  70 

county-high-school  graduates  admitted  to 97  249 

Suspension  of  pupil: 

county    high    school 97  249 

district    board -. 86  214 

may    appeal 86  214 

Superintendent  schools,  cities  of  first  and  second  class 138  379 

Suits  against  merged  districts 23  36 

Table  of  contents 4 

Tax  levy: 

Barnes   high   school 101  267 

102  272 

certified  to  county  clerk 87  216 

cities  of  first  class 144  397 

cities  of  second  class 156  435 

county  high  school 94  239 

depopulated  school  district 59  124 

district  annexed  to  city 177  495 

graded-school    district 178  500 

industrial  training 108  298 

interest  and  sinking-fund,  cities  of  first  class 148  411 

interest  and  sinking-fund,  city  of  second  class 157  446 

library,   school   district 126  349 

payment  of  refunding  bonds  and  interest 19  27 

penalty  for  failure  to  make,  in  cities  of  first  class 150  419 

penalty  for  failure  to  make,  for  refunding  bonds 20  28 

refunding   bonds 21  29 

refunding  bonds  and  interest,  cities  of  first  class 149  418 

reported  by  district  clerk;  penalty  for  failure 80  190 

school  district 174  488 

school-district   libraries '. 126  349 

Taxation : 

attached  territory,  city  of  second  class 153  425 

school  property  exempt 146  407 

Taxable  property,  city  of  second  class 156  439 

Taxes : 

county  high  school,  how  collected 92  231 

district,  levied  and  not  collected 81  197 

paid  by  coupons 22  32 

paid,  how,  city  of  first  class 145  398 


244  INDEX. 

Teachers :                                                                                                     Pa-  Sec. 

cities  of  first  and  second  class 138  379 

contracts  shall  be  written 84  209 

contracts   void 85  211 

county   high    school 96  245 

dismissal  by  board  and  county  superintendent 84  209 

district  board  shall  hire 84  209 

industrial  training 108  299 

108  300 

industrial  training,  certificates  for 108  300 

records  and  reports 45  91 

85  212 

register  of,  kept  by  county  superintendent 50  104 

relatives,   employment  of 85  210 

reports  under  truancy  law 45  91 

wages  of  last  month  not  to  be  paid  until  report  is  made.  ...     45  91 

85  212 

wages  shall  be  specified  in  contract 84  209 

Teachers'  associations : 

county  superintendent  encourage  formation  of 50  104 

county  superintendent  shall  attend 50  104 

Temporary  certificates 39  81 

Term  of  office: 

county  superintendent 50  102 

School  Text-book  Commission 190  543 

Term  of  school: 

determined  by  district  meeting 174  489 

length  of,  city  of  first  class 71  168 

Term,  minimum 71  168 

amount  apportioned  to  each  district 73  172 

appropriation  for  state  aid 73  175 

county  superintendent  and  county  commissioners,  duty  of . .     72  170 

county  superintendent  to  provide  school,  when;  penalty 73  173 

duties  of  county  superintendent  and  county  commissioners. .     72  170 
duties  of  county  superintendent,  state  superintendent  and 

state  treasurer 72  171 

restrictions  on  the  formation  of  new  districts 73  174 

school  discontinued,  when;  compensation 74  176 

state  and  county  aid 71  169 

Territory : 

attached  for  school  purposes,  city  second  class 153  424 

annexed  to  city  of  first  or  second  class 177  494 

appeal  in  case  of  attached  territory 177  496 

detached  by  county  superintendent,  city  second  class 154  426 

disorganized,  not  liable 62  136 

Terms  of  contract,  text-books 196  556 

Text-book  Commission: 

appropriation  for 198  564 

meetings   of 190  544 

oath   of .197  561 


INDEX.  245 

Text-book  Commission — concluded.                                                     pg.  $ec. 

special  meetings 197  559 

terms  of  contract 196  556 

unapproved,  penalty  for  use 197  562 

Text-books: 

bids    196  558 

advertised  for 199  567 

form  and  conditions  of 191  546 

199  567 

books — 

additional    texts 198  565 

adopted,  names  of 198  565 

bids   for 191  546 

bids  opened 191  547 

estimate  of  number  needed 195  553 

district  ownership  of 195  554 

exclusion    of 136  374 

manuscripts  may  be  purchased 193  549 

meetings  of 190  544 

price   of,    maximum 191  546 

199  566 

recommended  by  state  superintendent 168  474 

reference,  may  be  used 196  556 

sale  of;  agencies '194  552 

selected,  county  superintendent  notified  of 194  551 

standard  of  merit 198  565 

terms  of  contract 196  556 

Commission — 

members  of,  shall  take  oath 197  561 

penalty  for  violation  of  law 197  563 

salary  of  members 190  542 

state  superintendent  chairman  of 190  542 

secretary    193  548 

term  of  office  of  members 190  543 

vacancy  in,  filled  by  appointment 197  560 

•contracts — 

blanks  for,  furnished  by  attorney-general 196  557 

duration  of,  and  terms 196  556 

state  not  liable 194  550 

violation  of  196  555 

dealer   arranged  with 194  552 

maps,  globes,  charts  and  other  apparatus 200  570 

penalty 200  569 

571 

unlawful  to  purchase 200  570 

unlawful  to  sell 199  563 

meetings  of  commission — 

length  of   200  572 

proceedings   published    193  548 

special    lq?  559 

secret    193  548 


246  INDEX. 

Pg.  Sec. 

Three-year  state  certificate: 

Non-renewable,    requirements    for . . . 31 

renewable    31  58 

renewal   of    30  56 

Tobacco  and  cigarettes: 

penalty    for    smoking,    using    or    furnishing    cigarettes    or 

tobacco   201  574 

unlawful  to  sell  or  give  away  cigarettes  or  cigarette  papers,  201  573 

Township  clerk  must  register  refunding  bonds 18  25 

Township  high  schools 106 

admission  of  outside  pupils 107  296 

annual  meetings ;    levy 107  297 

authority  to  establish 106  292 

election    106  293 

supervision ;  course  of  study 107  294 

tuition   free ;    regulations 107  295 

Transporting  scholars,  consolidated  districts 66  147 

district  boards  authorized  to  provide  for 84     '  208 

207 

Traveling  expenses,  county  superintendent 55  113 

Traveling  library,  management  of '. 123  341 

Treasurer : 

board  of  education,  cities  of  first  class 143  394 

board  of  education,  cities  of  second  class 161  454 

board,  city  of  second  class,  bond,  report 155  434 

bond,  general  duties 161  454 

county   high   school 94  238 

county,  to  pay  district  treasurer 81  196 

district,  bond  of   80  194 

district,  paid  no  money,  when 79  186 

district  to  receive  money 81  196 

money  to  pay  bonds  and  coupons  to  be  remitted  by 16  18 

penalty  for  failure  to  remit  money 16  20 

payment  of  warrants  and  orders 204  586 

publish  list  of  warrants 204  588 

register  orders  or  warrants 203  584 

school  district  (see  District  Treasurer) 80  104 

warrant  register  delivered  to  successor 204  589 

Trustees  county  high  school: 

appointment     93  236 

building  for  high  school  leased  by 95  244 

compensation    9g  £53 

election    j . . .  94  £37 

elected,  how  94  237 

officers     94  238 

Truant  officer: 

appointment  of,  duties 43  gg 

46  93 


INDEX.  247 

Truant  officer — concluded.  Pg_  SeCf 

compensation    45  99 

duty  to  blind,  deaf,  mute 46  93 

number    43  gg 

Truants,    habitual 44  gg 

Truancy,  habitual,  must  be  reported 42  87 

Truancy  law  (see  Compulsory  Education) 42  87 

Trustees,  county  high  school: 

appointment 93  236 

building  for  high  school  leased  by 95  244 

compensation    98  253 

election    94  237 

election,  how    94  237 

officers    94  238 

principal  of  high  school  employed  by 96  245 

report,  annual   ; 98  251 

vacancies  filled  by  county  commissioners 98  252 

Tuition: 

city  of  second  class,  high  school 155  430 

county  high  school 96  247 

district  board  may  assess,  when 71  167 

paid  by  district,  in  high  schools 92  230 

Unclaimed  estates 185  522 

proceeds  of  sale 185  524 

sale  of  land 185  523 

Unclaimed  moneys,  use  of : . .  69  160 

Union   institutes    129  359 

Union  or  graded-school  district 178 

apportionment  of  funds 178  501 

board,   duty   of 178  498 

clerk  of 179  502 

formed,   how    178  497 

officers     178  497 

shares  in  school  fund 178  499 

Uniform  system  of  examinations 36  73 

Uniformity,   school  text-books 190 

Use  of  schoolhouse,  authority  district  board 82  202 

Use  of  sinking-fund,  cities  of  first  class 148  412 

Use  of  money  collected  to  pay  refunding  bonds,  penalty. 22  31 

Use  of  sinking-fund,  cities  of  second  class 159  448 

University  fund: 

constitutional  provision 6 

investment  by  school-fund  commissioners 181  510 

record  of  condition  kept  by  state  superintendent 182  513 

religious  sect  shall  not  control 6 

state  treasurer  custodian  of 183  51.5 

Vacancies : 

board  of  education,  cities  of  first  and  second  class 136  37? 

county  superintendent's  office 56  116 

district  board,  how  filled 56  115 


248  INDEX. 

Vacancies — concluded.                                                                             Pg.  Sec. 

examining  committee,  city  of  first  class 144  396 

Text-book  Commission 197  560 

trustees,  county  high  school 98  252 

Validity  of  official  acts,  cities  of  second  class 161  455 

Vice  president,  board,  city  of  first  and  second  class 137  376 

Visit  each  county,  state  superintendent 168  474 

Visit,  duty  of  district  board 86  215 

Violation  of  contract,  text-books 196  555 

Voters  at  district  meetings: 

challenge    173  486 

qualifications    173  485 

qualified,   who   are 173  485 

Void,  state  certificate,  when 30  54 

32  62 

Warrants : 

building  purposes,  warrants  or  bonds  issued  for 160  453a 

countersigned  by  treasurer 203  585 

drawn  how,  and  to  whom 203  581 

indorsement  by  treasurer 204  587 

payment  by  treasurer 204  586 

payment  in  proper  order 204  586 

publication  of  lists 204  588 

record  kept  by  clerk. 203  584 

record  delivered  to  successor 204  589 

signed  and  attested 203  583 

sworn    to 203  582 

to  whom  drawn 203  581 

Warrants  or  bonds  lost  or  destroyed: 

duplicate  issued 202  576 

duplicate  same  as  original 202  579 

duplicate  recorded 202  580 

officer  delivered  to 202  578 

Washington's  birthday 133  369 

Wages,  teachers': 

contract  shall  state 84  209 

paid  for  last  month  of  school  only  after  report  has  been  made,     45  91 

85  212 

Who  must  attend  school 42  87 

Water-closets    .   206  591 


